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Recovery of State Assets Through the Management of Assets Resulting From Criminal Acts With The Principle of Ongoing Concern: Maintaining The Sustainability of Asset Settlement Soeherman, Soeherman; Widyaningrum, Tuti
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1530

Abstract

This study aims to analyze and construct the principle  of Ongoing Concern in the legal context of asset management resulting from criminal acts, especially related to the Non-Conviction Based Asset Forfeiture  mechanism in Indonesia. The Principle  of Ongoing Concern, which is often used in the accounting and business worlds, was adapted in this study to see how the management of assets resulting from criminal acts can be carried out in a sustainable manner, even without criminalization.  With a juridical-normative approach, this study analyzes existing regulations, laws and regulations related to asset confiscation and forfeiture, and challenges faced in the implementation of the Non-Conviction Based Asset Forfeiture mechanism  in Indonesia. This research uses secondary data, obtained through a study of related legal literature, including books, journals, articles, and previous research. The results show that the application  of the principle of Ongoing Concern in the management of assets resulting from criminal acts in Indonesia is still limited to the stage of confiscation and confiscation of assets, without clear guidelines for the interim management of confiscated assets. In addition, the institutions that manage assets resulting from criminal acts are not optimal, with a lack of coordination between law enforcement agencies and a lack of protection for the rights of third parties. This research formulates an ideal legal model that includes the establishment of an independent and professional asset management agency, cross-agency coordination procedures, and transparent audit and public reporting mechanisms. The resulting recommendations aim to create a more effective, accountable, and sustainable asset recovery system, with a focus on improving the technical capacity of law enforcement officials
Penguatan Pusat Pemulihan Aset (PPA) : Langkah Strategis Percepatan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi: Ditinjau Dari Perbandingan Sistem Hukum Soeherman, Soeherman; Widyaningrum, Tuti; Suhardiman, Cecep
J-CEKI : Jurnal Cendekia Ilmiah Vol. 3 No. 6: Oktober 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v3i6.5534

Abstract

This purpose of this research is to examine the comparative implementation of Common Law, Civil Law, Religious Law, Customary Law, and Socialist Law systems in terms of the effectiveness of the asset recovery process and the strategic role of the Asset Recovery Center (PPA) in accelerating the recovery of state losses caused by corruption. This research adopts a juridical-normative approach, which is a legal study conducted by examining literature or secondary data as the basis for analysis.The results of the study indicate that in the context of strengthening the role of the Asset Recovery Center as a measure to accelerate the reduction of state losses due to corruption, each legal system has its advantages and challenges. Common Law is flexible and innovative in handling complex cases. Civil Law provides legal certainty through clear codification. Religious Law offers strong moral values but faces challenges in social adaptability and political interference, requiring an inclusive approach. Customary Law prioritizes traditional values and collaboration with customary leaders but experiences difficulties in legal consistency across regions. The Socialist Law system emphasizes social justice and wealth redistribution but faces challenges of political influence and complex bureaucracy.