Legal Politics in the Formation of the Asset Forfeiture Bill and the Application of Check and Balance in the Management of Criminal Assets

DOI

10.2991/978-2-38476-218-7_96How to use a DOI?

Keywords

Asset Forfeiture; Asset management; Check and Balances

Abstract

This article reviews the importance of a chain of validity in the legal system that supports the division of power in implementing a good governance system. Issues arise when the bill states that the executor of the Asset Forfeiture Bill is appointed asset manager. At the same time, the basic rules of criminal procedure in Indonesia stipulate that the state-confiscated object house (Rupbasan) is an agency with the authority to manage confiscated objects. The study will be carried out using doctrinal legal research methods. The conceptual and statutory approaches are the basis for looking at possible legal inconsistencies and their impact on the process of administering the government system. The eight principles of legality have shown that in a legal rule there should be no conflicting rules. This condition will be the basis argument that shows the importance of consistency of legal rules in creating a solid state. The results of the study show that there is a discrepancy between the basic regulation of criminal law procedures with this bill because starting from proof, prosecution, implementation of judges' decisions, and even asset management in this draft law is handled by one institution, namely the prosecutor's office so that it can result in abuse of power. For this reason, the legal politics of the Asset Forfeiture Bill needs to be studied in the context of the effectiveness of the implementation of the bill and the implementation of the principle of checks and balances in managing its assets.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ratna Dwi Lestari
AU  - Adi Sulistiyono
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/02/22
TI  - Legal Politics in the Formation of the Asset Forfeiture Bill and the Application of Check and Balance in the Management of Criminal Assets
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 577
EP  - 581
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_96
DO  - 10.2991/978-2-38476-218-7_96
ID  - Lestari2024
ER  -