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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Asian Journal of Social and Humanities
Fauzan Akbar
Universitas Indonesia
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Juridical Analysis of Corruption Crime Asset Confistion As an Effort to Return State Losses Using Non Penal Approach in Indonesia Fauzan Akbar; Khaerul Ardhian Syaekh
Asian Journal of Social and Humanities Vol. 2 No. 1 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i1.142

Abstract

In its development, corruption in Indonesia has increased from year to year, both in terms of the quality or amount of state financial losses and the quality of how it is carried out in a sophisticated and systematic manner, and has even penetrated across national borders. Therefore, handling corruption, especially in order to maximize the recovery of state losses, requires a comprehensive approach, as well as through international cooperation. This research found the fact that the asset confiscation mechanism using a non-penal approach is more effective and efficient. This argument is based on the fact that because there is no need to confirm the crime of corruption as long as the perpetrator's assets are suspected to be illegal assets of corruption, this shortens the time. Confiscation of property or assets using non-penal means is more efficient when compared to confiscation of property or assets through civil means in accordance with the provisions of the Corruption Eradication Law (PTPK) which is legal in Indonesia. Because if in a criminal case using civil law it is the same as placing the burden on the prosecutor to carry out proof, then it actually increases the number of things that might happen, namely reconvention lawsuits against the prosecutor as the plaintiff. The asset confiscation mechanism using a non-penal approach no longer focuses on chasing perpetrators but rather following the movement of money so that the number of corruption in Indonesia is expected to decrease.
Beyond Criminal Approach: A Critical Analysis of Civil-Based Asset Recovery System as an Alternative Solution for Corruption Cases in Indonesia Fauzan Akbar; Ahmad Ibrahim Badry
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5599

Abstract

This research examines the effectiveness of the civil approach in returning assets resulting from corruption offences as an alternative to the conventional criminal approach in Indonesia. Although efforts to eradicate corruption have been intensively carried out through criminal channels, the level of return of state assets is still not optimal. Using a normative juridical research method with conceptual and comparative approaches, this research analyses the potential of a civil-based asset recovery system in overcoming the limitations of the criminal approach. The results show that the civil approach has several strategic advantages, including a lower standard of proof and a focus on asset recovery compared to the criminal approach. lower standard of proof and a focus on asset recovery compared to the punishment of the perpetrator. However, its implementation still faces considerable challenges related to inter-agency coordination and the limited capacity of law enforcement officials. law enforcement officials. It is necessary to strengthen corruption eradication strategies through synergy between law enforcement agencies. This research recommends policy reformulation that integrates the civil approach into the national anti-corruption system as a complement to the national system as a complement to the existing criminal mechanism. The contribution of this research is to present a comprehensive analysis of the urgency and modalities of implementing a civil-based asset recovery system in the context of corruption eradication in Indonesia.
Co-Authors Ahmad Ibrahim Badry Khaerul Ardhian Syaekh