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Legal Reconstruction of Non-Conviction-Based Asset Forfeiture for State Loss Recovery from Corruption Crimes Adhitya Anugrah Nasution; Riswadi Riswadi
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.293

Abstract

The confiscation of assets without criminal prosecution has become a crucial mechanism in the fight against corruption in Indonesia, particularly in cases where prosecution is hindered by the death or absence of the perpetrators. Despite being permitted under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, its implementation faces significant challenges, primarily stemming from legal uncertainty and gaps in regulatory frameworks. This study aims to address these issues by examining the existing regulations, identifying deficiencies, and proposing legal reforms to enhance asset recovery mechanisms. Utilizing a normative method approach, this study analyzes national regulations and compares them with international practices, particularly those outlined in the United Nations Convention Against Corruption (UNCAC) 2003. The results highlight that the current laws lack clarity and comprehensiveness, leading to inconsistent application and difficulties in recovering state assets. The study recommends legal reconstruction, including amendments and additions to existing laws, to bridge these gaps. By adopting international best practices, Indonesia can improve its legal framework, ensuring more effective asset recovery and fostering greater public trust in the legal system. This study underscores the need for robust legal reform to strengthen the eradication of corruption and uphold justice.
Juridical Review of the Implementation of Foreign Arbitration Awards in Indonesia in the Perspective of Constitutional Court Ruling Number 4/PUU-XXII/2024 Adhitya Anugrah Nasution; Faisal Santiago
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 6 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i6.205

Abstract

The implementation of foreign arbitration awards in Indonesia from the perspective of Constitutional Court Decision Number 4/PUU-XXII/2024 is crucial in both international and domestic legal contexts. This article provides a strong legal basis for arbitration usage in resolving cross-border business disputes in Indonesia, both domestically and internationally. The research contributes to the legal field by offering an in-depth normative juridical analysis of how unfamiliar discretion grants are executed in Indonesia. Data analysis was carried out descriptively and qualitatively. The research topic, namely, the Juridical Review of the Implementation of Foreign Arbitration Decisions in Indonesia in the Perspective of Sacred Court Choice Number 4 is analyzed using deductive methods, which entail deriving conclusions from general to specific, particularly regarding the research topic. In this specific situation, a juridical survey of the execution of unfamiliar mediation grants in Indonesia becomes vital to comprehend the effect of established Court Choice number 4 on international arbitration practices, legal certainty, and the investment environment in Indonesia.