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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Law Development Journal
M. Rizal Bagaskoro
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice

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Evidence System of Counting Elements of State Loss Against Corruption Criminal Actions in Indonesian Criminal Jurisdiction System M. Rizal Bagaskoro; Jawade Hafidz
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (551.523 KB) | DOI: 10.30659/ldj.2.4.619-625

Abstract

This study seeks to answer the problem of what is the legal problem in the process of proving the calculation of elements of the State Financial Loss on Corruption? And what is the solution to legal problems in Evidence of Calculation of Elements of State Financial Losses on Corruption in the Criminal Justice System? Research for is normative research. Based on the research, it can be concluded that the problems of the legal system are related to the substance of the law in law enforcement on corruption which is detrimental to state finances and problems in the legal system related to the legal structure in law enforcement in criminal acts of corruption that are detrimental to state finances.
Asset Forfeiture Bill as a Challenge to Non-Conviction Based Asset Forfeiture M. Rizal Bagaskoro; Irda Nur Khumaeroh; Agus Prasetia Wiranto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Asset confiscation without criminal punishment in civil forfeiture recognizes the principle of Non Conviction Based Asset Forfeiture (NCBAF) which is a civil law instrument to confiscate assets/proceeds without going through criminal prosecution. The purpose of this writing is to design the mechanism and challenges of implementing NCBAF in the Asset Confiscation Bill. The research method used is normative juridical which emphasizes document studies or library research. The design of the PAS Bill mechanism in highlighting the traces of suspected assets is divided into several stages of practice that have been included in its content, namely starting from the tracing stage, blocking and confiscation, filing and submitting an application for asset confiscation, summons, examination in court, and asset management. The challenges of implementing NCBAF in the PAS Bill are the long process, the type which is an additional optional criminal offense, and the existence of a paradigm that pits NCBAF against the principle of the presumption of innocence so that they argue that NCBAF is contrary to Human Rights.
Co-Authors Agus Prasetia Wiranto Irda Nur Khumaeroh Jawade Hafidz