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All Journal Al-Mizan (e-Journal) LEGAL BRIEF
M. Said Karim
Universitas Hasanuddin
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Concept of Non-Conviction Based Asset Forfeiture As a Legal Policy in Assets Criminal Action of Corruption Muhammad Fuad Azwar R; M. Said Karim; Haeranah
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.208 KB) | DOI: 10.35335/legal.v11i5.515

Abstract

This research aims to analyze the legal regulations against mechanism of assets confiscation that exist in Indonesian positive law as well as to analyze the concept of non-conviction based asset forfeiture as a legal policy in assets ccriminal action of corruption. The type of research that used is normative (legal research) or doctrinal. The results of this research shows that asset confiscation regulations in indonesia’s current positive law carried out by handling criminal forfeiture and civil forfeiture but the regulations still based on criminal evidence first (follow the suspect) and criminal law still places the seizure of assets as an additional crime. Indonesia has ratified the United Nations Convention Against Corruption (UNCAC 2003) through law no. 7 of 2006 which then as a follow-up to the government in the renewal step publishes the draft law on the confiscation of assets for criminal actions which is expected to be the beginning of the asset seizure regime by focusing on efforts to return the assets (follow the money) where UNCAC as an international instrument proposes ratifying countries to apply the concept of asset forfeiture without relying depends on the sentencing of the perpetrator (non-conviction based asset forfeiture) as an effort to eradicate criminal action of corruption. The NCB concept is an effective solution to maximize the return of state losses through foreclosure and taking over of an asset in rem or lawsuit against assets as a form of criminal law policy.
Disparitas Pemidanaan dalam Tindak Pidana Korupsi yang Mengakibatkan Kerugian Keuangan Negara Muhammad Indra Jaya; M. Said Karim; Syamsuddin Muchtar
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.3943

Abstract

This study aims to analyze legal factors and factors of law enforcement officials that influence the disparity in sentencing for corruption which results in state losses. The type of research used is empirical normative legal research. The results of the study show that (1) the legal factor in the presence of disparity decisions regarding corruption crimes has not been optimal because the minimum criminal sanctions in the corruption law cause disparity in sentencing which is quite disturbing due to the non-uniformity in the provision of minimum sentences for similar offenses. (2) the factor of law enforcement officials as the cause of the disparity in sentencing of corruption case decisions is very clearly seen and felt to be very unfair to each other, there is no clear guideline regarding the prevention of disparity in corruption criminal rulings so law enforcement officers exercise their power to decide similar offenses the pretext of the judicial power law.
Co-Authors Haeranah Muhammad Fuad Azwar R Muhammad Indra Jaya Syamsuddin Muchtar