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All Journal Greenation International Journal of Law and Social Sciences
Rofi Zaidan Mubarok Rosadi
Universitas Gadjah Mada, Yogyakarta, Indonesia.
Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimizing Non-Conviction-Based Asset Forfeiture in Indonesia: Strengthening the Legal Framework for Criminal Asset Recovery Aditya Rachman Rosadi; Azkiya Pamungkas Rosadi; Rofi Zaidan Mubarok Rosadi
Greenation International Journal of Law and Social Sciences Vol. 4 No. 4 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.1495

Abstract

Criminal asset forfeiture is an important instrument for eliminating the economic benefits of crime and strengthening asset recovery. However, Indonesia's existing forfeiture mechanisms remain largely dependent on criminal proceedings and are fragmented across sectoral legislation, creating limitations when an offender cannot be prosecuted or a criminal conviction cannot be obtained. This study aims to examine the limitations of Indonesia's existing legal framework and formulate an optimized framework for Non-Conviction-Based Asset Forfeiture (NCB Asset Forfeiture) to strengthen criminal asset recovery. This normative legal study employs statutory, conceptual, case, and comparative approaches, with Switzerland and the Philippines serving as comparative jurisdictions. The findings demonstrate that Indonesia already has several mechanisms with NCB characteristics, particularly within the anti-money laundering regime, but lacks a comprehensive, autonomous, and uniform framework. Optimizing NCB Asset Forfeiture requires an independent in rem proceeding, clearly defined evidentiary standards, judicial oversight, protection of bona fide third parties, proportionality, and a transparent and accountable asset management system. Such a framework is necessary to enhance the effectiveness of criminal asset recovery while maintaining legality, due process of law, and protection of property rights.
Co-Authors Aditya Rachman Rosadi Azkiya Pamungkas Rosadi