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Asset Seizure as an Effort to Recover State Assets Resulting from Criminal Corruption Nugroho, Hibnu; Budiyono, Budiyono; Ramadhani, Setiawan; Rantau, Palupi; Barkhuizen, Jaco
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.40778

Abstract

This research analyzes the effectiveness of asset forfeiture for corruption crimes in the Purwokerto District Prosecutor’s Office jurisdiction and designs future legal mechanism reconstruction using empirical juridical Research and Development (R&D) approach. Background reveals Indonesia’s Corruption Perceptions Index (CPI) stagnation at score 37 (rank 99/180 countries) in 2024, state losses Rp45.7 trillion versus <6% asset recovery, stalled Asset Forfeiture Bill in 2025 Prolegnas, and systemic in personam failure (KUHAP Article 39). Findings show Purwokerto effectiveness <50% due to systematic asset diversion patterns to family/third parties, post-verdict temporal gaps, weak Kejari-BPN-bank-PPATK coordination, forensic asset HR deficits, and LHKPN digital technology gaps. Emblematic cases Hendy Boedoro, Surya Darmadi, plus local PNPM Kedungbanteng-CV Jasa Pembangunan illustrate structural weaknesses. Reconstruction proposes Non-Conviction Based Asset Forfeiture (NCB) praconviction, dual track model PNS (Conviction Based via LHKPN) vs private sector (60-day reverse burden of proof), integrated IT platform AI forensic-blockchain land certificates, 20 prosecutors/kejari Asset Task Force, 24-hour inter-agency SLA, UNCAC harmonization 50 bilateral MoUs, and three-pillar political law with real-time transparent dashboard. 70% recovery target within 36 months realizes Peter Alldridge’s “crimes does not pay” doctrine, transforming Indonesia’s corruption law enforcement to global standards.
Diversion Process as a Transformative Reform of the Criminal Justice System for Children in Conflict with the Law Ristama, Yoga; Nugroho, Hibnu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1941

Abstract

This article examines the important of applying restorative justice principles in Indonesia’s juvenile justice system. The principle of child protection emphasises processes that are free from violence on safeguarding children’s rights, welfare, development, and overall well-being, including cases involving children in criminal acts. However, the current implementations of diversion and restorative justice often remains limited in its ability to address the underlying systemic and structural issues that lead to juvenile delinquency. These limitations underscore the need for a shift toward transformative justice, which seeks not merely to resolve individual conflicts, but also to confront and remedy their underlying causes. In this context, this article adopts a conceptual approach grounded in doctrinal legal research. The analysis employs systematic and teleological of interpretation to examine the legal norms within the juvenile justice framework. This research uses a normative juridical research design, with data collected through a literature review and analysed qualitatively. The findings of the study show that transformative justice in handling children’s cases in Indonesia calls for legal reform through the expansion of the restorative justice approach under the SPPA Law. Transformative justice offers an alternative framework that move beyond a narrow focus on legal sanctions by also considering the child’s personal circumstances, including social background and family conditions. As such, this concept supports a more holistic approach to child development and provides a more comprehensive framework for handling cases involving children.
Peran Jaksa dalam Mutual Legal Assistant dalam Pengembalian Korban Human Trafficking di Kamboja Ramadhani, Setiawan; Nurrohman, Anisa Listiani; Nugroho, Hibnu; Rohmana, Nanda Yoga
The Prosecutor Law Review Vol 4 No 1 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The surge in online scam-based human trafficking cases in Cambodia affecting hundreds of Indonesian citizens calls for more efficient cross-border legal action. The urgency of this paper lies in analyzing the obstacles to coordination among prosecutors, such as differences in legal systems, complex bureaucracy, and limited access in foreign jurisdictions. Using a normative method with a case approach, this article evaluates the role of prosecutors in the Mutual Legal Assistance (MLA) mechanism to facilitate the repatriation and restitution of victims. The results show that the Attorney General's Office Bill strengthens the function of dominus litis and the executive authority of prosecutors in asset tracing and confiscation for victim compensation. In conclusion, strengthening the role of prosecutors as the central authority in MLA, supported by proactive legal diplomacy and digital technology, is crucial to overcoming structural barriers in Cambodia. This integration ensures that the restoration of victims' rights is carried out comprehensively in accordance with international standards.The surge in online scam-based human trafficking cases in Cambodia affecting hundreds of Indonesian citizens calls for more efficient cross-border legal action. The urgency of this paper lies in analyzing the obstacles to coordination among prosecutors, such as differences in legal systems, complex bureaucracy, and limited access in foreign jurisdictions. Using a normative method with a case approach, this article evaluates the role of prosecutors in the Mutual Legal Assistance (MLA) mechanism to facilitate the repatriation and restitution of victims. The results show that the Attorney General's Office Bill strengthens the function of dominus litis and the executive authority of prosecutors in asset tracing and confiscation for victim compensation. In conclusion, strengthening the role of prosecutors as the central authority in MLA, supported by proactive legal diplomacy and digital technology, is crucial to overcoming structural barriers in Cambodia. This integration ensures that the restoration of victims' rights is carried out comprehensively in accordance with international standards.