Proceedings of the 4th International Conference on Social Sciences and Law (ICSSL 2024)

Confiscation of Assets from Corruption with the Implementation of the Law on Prevention and Confiscation of Money Laundering in Indonesia

Authors
Manguni Wiria Darma Sinulingga1, *, Alvi Syahrin1, Mahmud Mulyadi1, Sandi Nugroho2, Rosmalinda1
1Universitas Sumatera Utara, Medan, 20155, Indonesia
2Kepolisian Republik Indonesia, Jakarta, 12110, Indonesia
*Corresponding author. Email: darmasinulingga22@gmail.com
Corresponding Author
Manguni Wiria Darma Sinulingga
Available Online 11 December 2024.
DOI
10.2991/978-2-38476-303-0_90How to use a DOI?
Keywords
Asset Forfeiture; Corruption; Money Laundering Crime
Abstract

Asset forfeiture is an important instrument in combating corruption in Indonesia. The Anti-Money Laundering Law provides a strong legal basis for seizing assets resulting from corruption. Corruption is an act against the law, harming state finances, benefiting oneself or others. Perpetrators of corruption use various efforts to hide and disguise the origin of the proceeds of corruption by placing, disguising and mixing with legal funds. This journal discusses the application of the Anti-Money Laundering Law in the confiscation of assets resulting from corruption, legal basis, procedures, challenges and solutions. Article 38 B of the Anti-Corruption Law is one of the important instruments in the seizure of assets resulting from corruption. Asset forfeiture procedures include submission of a request, examination of the request, judge's decision, and implementation of the judge's decision. Challenges in the application of the Anti-Money Laundering Law for the confiscation of assets from corruption include difficulty of proof, slow process, and lack of human resources for law enforcement. Solutions to overcome these challenges include increased coordination between agencies, capacity building of law enforcement officials, and socialization of the Anti-Money Laundering Law to the public. Asset forfeiture is an important instrument in the fight against corruption in Indonesia. Serious efforts from the government and all elements of society are needed to overcome challenges and realize effective corruption eradication.

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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Volume Title
Proceedings of the 4th International Conference on Social Sciences and Law (ICSSL 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
11 December 2024
ISBN
978-2-38476-303-0
ISSN
2352-5398
DOI
10.2991/978-2-38476-303-0_90How to use a DOI?
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.

Cite this article

TY  - CONF
AU  - Manguni Wiria Darma Sinulingga
AU  - Alvi Syahrin
AU  - Mahmud Mulyadi
AU  - Sandi Nugroho
AU  - Rosmalinda
PY  - 2024
DA  - 2024/12/11
TI  - Confiscation of Assets from Corruption with the Implementation of the Law on Prevention and Confiscation of Money Laundering in Indonesia
BT  - Proceedings of the 4th International Conference on Social Sciences and Law (ICSSL 2024)
PB  - Atlantis Press
SP  - 1021
EP  - 1028
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-303-0_90
DO  - 10.2991/978-2-38476-303-0_90
ID  - Sinulingga2024
ER  -