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All Journal University Of Bengkulu Law Journal International Journal of Sociology and Law
Agung Pamungkas
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Law, Crime, Criminology & Criminal Justice

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The Authority of Prosecutors to Seize Assets in Corruption Cases Agung Pamungkas; Achmad Faisal; Anang Shophan Tornado
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.792

Abstract

Corruption is an extraordinary crime that not only causes massive state financial losses but also impedes national development. Efforts to eradicate corruption are insufficient if limited to the imprisonment of perpetrators; they must be accompanied by state asset recovery. The prosecutor, as the dominus litis in the criminal justice sistem, plays a central role in the process of seizing assets derived from corruption. This research aims to analyze the authority of prosecutors to seize assets in corruption cases, identify the obstacles encountered, and formulate solutions to optimize the exercise of this authority. The research method employed is normative juridical, utilizing a statutory approach and a case approach. The findings indicate that prosecutors have a strong legal basis for asset seizure, as stipulated in the Criminal Procedure Code (KUHAP), the Anti-Corruption Law, and other relevant regulations. However, in practice, prosecutors face various obstacles, both juridical, such as legal loopholes in the evidentiary process, and non-juridical, such as the complex modus operandi of perpetrators in concealing assets, slow inter-agency coordination, and challenges in tracing assets located abroad. Therefore, it is imperative to strengthen the regulatory framework through the enactment of the Asset Forfeiture Bill, enhance the capacity and integrity of prosecutors, and bolster international cooperation to maximize the recovery of state losses.
Pertanggungjawaban Pidana Bandar Judi Online Dalam Politik Hukum Pidana Di Indonesia Rahman; Agung Pamungkas; Syawal; M. Syahlan Samosir
University Of Bengkulu Law Journal Vol. 11 No. 01 (2026): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v11i01.48785

Abstract

As a result of technological advances, cyber crime is on the rise, such as the widespread, coordinated, and multinational expansion of online gambling. In practice, online bookies play a role as system controllers, facility providers, and the primary beneficiaries of gambling activities. In terms of Indonesian criminal law policy, this study seeks to assess the trajectory of criminal liability policy for online gambling site operators and to trace the trajectory of criminal law policy since the enactment of the National Criminal Code. Normative legal research utilizing conceptual methods, statutory law, and criminal law policy is the study technique used. The study findings show that the regulation of criminal liability for online bookies remains scattered across various legal instruments, from the Criminal Code, the Electronic Information and Transactions Law (ITE), to Undang-Undang No 1 of 2023 concerning the Criminal Code. The current direction of criminal law policy in Indonesia tends to prioritize a repressive approach through criminalization and law enforcement, but is gradually shifting toward a more integrative approach combining preventive, repressive, and rehabilitative aspects. To achieve legal clarity and true justice in criminal prosecution of online gambling bookies, a more modern and flexible approach to criminal law policy-making is needed.
Co-Authors Achmad Faisal ANANG SHOPHAN TORNADO M. Syahlan Samosir Rahman Setiono Setiono Sugiarto Sugiarto Syawal