Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Ronald Sianturi
Universitas Prima Indonesia
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
The Concept of Non-Conviction Based Asset Forfeiture as an Asset Return Instrument in Indonesia Ronald Sianturi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 5 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i5.6086

Abstract

Corruption as an extraordinary crime requires effective asset recovery, but the conviction-based forfeiture system in Indonesia has proven to be non-optimal with a low rate of asset return because it relies on criminal judgments with permanent legal force (Hibnu Nugroho, 2026; Graviddita & Wijayanto, 2025). This normative legal research with a legislative, conceptual, comparative, and case approach examines the concept of Non-Conviction Based Asset Forfeiture (NCB) as an alternative instrument for asset return. The results of the study show that the NCB has juridical urgency through the ratification of the UNCAC (Law Number 7 of 2006) and sociological urgency to recover state losses (Hasibuan, 2025). The Asset Forfeiture Bill which carries a double track system is a progressive step to overcome the weaknesses of the existing mechanism, especially in the case of perpetrators dying or fleeing (Hukumonline, 2026). Nevertheless, the implementation of the NCB faces serious challenges related to the protection of human rights, the potential for abuse of authority (Narendra Jatna, 2025), and the protection of third parties in good faith (Andini, Boer, Tanjung & Odelia, 2025). This study concludes that the implementation of the NCB requires strict and accountable normative arrangements to balance the effectiveness of law enforcement with the protection of citizens' constitutional rights, so that this mechanism can be a fair and effective instrument in eradicating corruption in Indonesia.
Co-Authors