Research Article
Return of Confiscated Property to Victims of Crime of Fraud in Indonesia's Legal System
@INPROCEEDINGS{10.4108/eai.28-5-2022.2320571, author={Widiastuti Widiastuti and Achmad Irwan Hamzani and Fajar Ari Sudewo and Kus Rizkianto}, title={Return of Confiscated Property to Victims of Crime of Fraud in Indonesia's Legal System}, proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia}, publisher={EAI}, proceedings_a={MALAPY}, year={2022}, month={8}, keywords={mechanism returns fraud}, doi={10.4108/eai.28-5-2022.2320571} }- Widiastuti Widiastuti
Achmad Irwan Hamzani
Fajar Ari Sudewo
Kus Rizkianto
Year: 2022
Return of Confiscated Property to Victims of Crime of Fraud in Indonesia's Legal System
MALAPY
EAI
DOI: 10.4108/eai.28-5-2022.2320571
Abstract
Property confiscated in cases of fraud can be returned. The return mechanism has been regulated in the Law of the Republic of Indonesia Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Laundering. Victims who get their property back according to the value of the loss is a form of recovery to the victim. The purpose of this study is to analyze the legal rules related to confiscated property in the Indonesian legal system and analyze the mechanism for returning confiscated property to victims of fraud in the Indonesian legal system. The results of the study show that the confiscation of objects is part of an additional crime for criminal actors including the confiscation of certain goods, this is very clearly regulated in Article 10 of the Criminal Code. The purpose of confiscation is for evidentiary purposes, especially as evidence before a court hearing. Article 39 of the Criminal Procedure Code itself has outlined the "legal principle" in the confiscation of objects which limits the objects that can be subject to confiscation. The asset recovery mechanism for victims of predicate crimes who are not state actors cannot be carried out through the asset confiscation mechanism. In the Money Laundering Law, one of the mechanisms for returning assets to victims of criminal acts of fraud can be implemented through a judge's decision which states that these assets are returned to those named in the decision.