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All Journal Jurisprudence Progressive Law Review
Ana Fauzia
Muhammadiyah Malang University
Law, Crime, Criminology & Criminal Justice

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Analysis Of The Implementation Of The Non-Conviction-Based Concept In The Practice Of Asset Recovery Of Money Laundering Criminal Act In Indonesia From The Perspective Of Presumption Of Innocence Ana Fauzia; Fathul Hamdani
Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i1.13961

Abstract

Purpose: This research aims to analyze the discourse on applying the non-conviction-based concept in the practice of restoring money laundering assets in Indonesia from the perspective of the presumption of innocence. Methodology: In this research, the method used was normative juridical using statutory, conceptual, and historical approaches. Results: The research results present a concept of the importance of the presumption of innocence and protection of the suspect's property before they are stated or convicted in court. Given the non-conviction-based concept in the assets recovery practice of money laundering crime, it is a mechanism for seizing state assets that criminals have taken, and it is possible to confiscate them again, even though the initial criminal act is not yet known for certain guilt so that it has the potential to castrate the suspect's human rights. Applications of this study: This article explains the importance of safeguarding the presumption of innocence and protecting the property rights of suspects. It is crucial to be used as a reference considering that the criminal procedural law system in effect in Indonesia is also inadequate to apply this concept. Thus, if this concept will be applied in the future, this study can be a reference in terms of drafting related regulations to safeguard against the presumption of innocence and the rights of suspects. Novelty/Originality of this study: The non-conviction-based concept in the asset recovery practice of money laundering crime is new. Therefore, the research presents to analyze whether the concept is under the existing legal system in Indonesia.
THE CONFLICT OF THE NORMS IN THE EXECUTION OF SECURED OBJECTS WHICH ARE ENFORCED BY LIABILITY RIGHTS WHEN THE DEBTOR IS BANKRUPT Ana Fauzia; Deva Gama Rizky Octavia; Fathul Hamdani
Progressive Law Review Vol 4 No 01 (2022): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i01.67

Abstract

In a transaction, for example a company's working capital credit agreement with a bank, occurs where the bank asks for collateral in the form of mortgage rights in guaranteeing the company to pay its debts to the bank. However, because the company's assetsto be pledged as collateral do not exist or are insufficient, third party assets (individual companies/shareholders/directors/commissioners) are tied up. However, problems arise when the company is unable to pay its debts to the bank and then the bank files a bankruptcy petition which results in the debtor (company) being declared bankrupt. So that in the event that the debtor has been declared bankrupt, the execution process is carried out by the curator under the authority of the supervisory judge. The execution of collateral objects when the debtor goes bankrupt is related to two main problems, namely, related to legal regulations regarding execution and the status of collateral objects related to the bankruptcy of the debtor. With regard to the legal regulations concerning execution and the status of collateral items if the debtor is bankrupt, two different arrangements were found, namely between Law no. 37 of 2004 concerning the KPKPU and Law no. 4 of 1996 concerning Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws beat general Laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution.
Co-Authors Deva Gama Rizky Octavia Hamdani, Fathul