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All Journal Jurnal Ilmiah Peuradeun
Nasri Nasri
Universitas Syiah Kuala, Banda Aceh, Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty versus Substantive Justice: Confiscation of Good-Faith Third-Party Property in Natural Resource Crimes Nasri Nasri; Ilyas Ismail; Efendi Efendi; Darmawan Darmawan; Yusrizal Hasbi
Jurnal Ilmiah Peuradeun Vol. 14 No. 3 (2026): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v14i3.2343

Abstract

This study examined the normative disharmony governing confiscated property owned by good-faith third parties in Indonesia’s natural resource-related criminal cases. It addressed the tension between legal certainty and substantive justice arising from inconsistent confiscation standards across general criminal procedure and sectoral legislation. Using a normative juridical design, the study applied statute, conceptual, and comparative approaches to analyze KUHAP, forestry, fisheries, and mining regulations together with selected judicial decisions. The findings showed that the legal protection of third-party owners varies significantly across sectors because ownership, good faith, non-involvement, and proportionality were not governed by a uniform normative standard. Judicial decisions consequently displayed divergent approaches, with some courts recognizing lawful ownership and lack of involvement, while others prioritized confiscatory provisions. The study developed a harmonized normative framework that integrated ownership verification, good-faith assessment, owner knowledge or involvement, the property–crime nexus, and proportionality. The findings indicated that effective confiscation law should preserve state enforcement authority while preventing legal burdens from being imposed on innocent property owners.
Co-Authors Darmawan Darmawan Efendi Efendi Ilyas Ismail Yusrizal Hasbi