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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

The Authority of Judges to Independently Determine the Amount of State Financial Losses in Verdicts on Corruption Cases KMS Herman; Anesia, Nila; Rukmana, Indra Jaya; Amelia, Rini Fitri Octa; Marpaung, Raja Robert
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.v24i2.6650

Abstract

Law enforcement in corruption cases in Indonesia often faces challenges related to proving the element of state financial loss. One of the issues that arises is the authority of judges to independently determine the amount of state loss without relying on an official audit by state audit institutions such as the Audit Board of Indonesia (BPK) or the Financial and Development Supervisory Agency (BPKP). This study employs a normative juridical research method using a statute approach and an analytical approach to examine the legal basis, judicial practices, and implications of such authority. The findings indicate that although Article 183 of the Indonesian Criminal Procedure Code (KUHAP) grants judges the authority to decide based on at least two valid pieces of evidence, the absence of an official audit can lead to legal uncertainty, the risk of judicial error, and violations of the defendant’s right to a fair trial. Therefore, harmonization between regulations and judicial practice is necessary to ensure legal certainty, protection of human rights, and the effectiveness of corruption eradication.
The Domination of Political Power over Legal Politics in the Deliberation of the Asset Forfeiture Bill KMS Herman; Pribowo, Johan Budi Sapto; Rumondor, Nova Ernny; Zamri, Hasby Muhammad; Budiawan, Taufik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.6763

Abstract

The Asset Forfeiture Bill (RUU Perampasan Aset) is an important instrument in strengthening the eradication of corruption crimes, as it provides a legal basis for the state to seize assets resulting from corruption without having to wait for a legally binding criminal verdict. Although it was proposed as early as 2010 and included in the National Legislation Program (Prolegnas) 2015–2019, the discussion of the bill has often been delayed. In 2023, the government and the House of Representatives (DPR) included the Asset Forfeiture Bill in the 2023 Prolegnas. However, until the end of the DPR RI’s and the government’s 2019–2024 term, the bill had yet to be passed. This research aims to analyze the domination of political power in the lawmaking process concerning the Asset Forfeiture Bill. The study uses a normative juridical method with a literature study approach. The issues examined include: (1) the legal condition of asset forfeiture in Indonesia; (2) the dynamics of the debate that have caused delays in the passage of the Asset Forfeiture Bill; and (3) the political factors that influence the stagnation of the bill's ratification amid strong public pressure.The results of the study show: first, that the legal regulation of asset forfeiture in Indonesia still experiences a significant normative void. Although regulations related to the forfeiture of assets resulting from corruption are stipulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, there is no comprehensive provision regarding asset forfeiture from perpetrators who have fled, cannot be found, or have died without heirs. Therefore, special regulations on asset forfeiture are needed, including the management of ownerless assets as state assets. Second, the delay in the discussion of the Asset Forfeiture Bill is influenced by the inconsistency of legislative priorities in the DPR, concerns about potential human rights violations, and the intervention of political and economic interests involving various parties. Third, although there is strong public pressure, internal political dynamics within the DPR remain the main obstacle. Disagreements between factions, concerns over the political implications of regulatory implementation, and the absence of consensus on a legal model that aligns with human rights principles are dominant factors slowing the legislative process