Confiscation of Corruption Crime Assets by the Indonesian Attorney General as an Action to Recover State Financial Losses

DOI

10.2991/978-2-38476-315-3_55How to use a DOI?

Keywords

Confiscation of Assets; Corruption Crime; RI Prosecutor’s Office

Abstract

Addressing corruption, which is seen as an egregious offense, necessitates a thorough and effective strategy. Corruption not only undermines public finances but also infringes upon the social and economic rights of the people. The regulation of asset seizure in relation to corruption crimes is stipulated in Article 18, Article 19, Article 38, and Article 38B of Law Number 20 of 2001, which pertains to amendments made to Law Number 31 of 1999, focusing on the eradication of corruption crimes. This study assesses the legal measures concerning the seizure of assets acquired through corrupt practices by the Attorney General’s Office of the Republic of Indonesia, with the aim of recovering financial losses incurred by the state. The research methodology employed is a normative legal approach, utilizing conceptual analysis to evaluate the efficacy and efficiency of asset seizure. The research demonstrates that the Attorney General’s Office assumes a strategic function within the criminal justice system, specifically in the management and implementation of court rulings. Nevertheless, difficulties arise when the seized assets are inadequate to compensate for the financial losses incurred by the state as a result of corruption. The research findings emphasize the necessity of implementing supportive rules for asset seizure, which should include more stringent criminal measures to enhance the prevention and elimination of corruption. Cost-benefit analysis is employed to assess the effectiveness of asset confiscation, guaranteeing that the procedure yields optimal advantages for the society and minimizes overall state losses. The research findings highlight the significance of implementing a thorough legislative framework, streamlined asset confiscation procedures, and uniform sentencing methods to effectively combat corruption. Suggestions encompass enhancing asset recovery procedures, fine-tuning sentencing rules, and incorporating cost-benefit analysis into policy development to maximize the effectiveness of anti-corruption endeavors.

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  - Johansen Christian Hutabarat
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/12/24
TI  - Confiscation of Corruption Crime Assets by the Indonesian Attorney General as an Action to Recover State Financial Losses
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 407
EP  - 413
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_55
DO  - 10.2991/978-2-38476-315-3_55
ID  - Hutabarat2024
ER  -