Suwono, Frederica Celia
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The Optimalization Of International Cooperation in Asset Forfeiture Under Indonesia Anti-Corruption Law Draft Suwono, Frederica Celia; Sanjaya, Robin Antonius; Ksatria, Amadeus Farrel; Panjaitan, Ananda
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10191

Abstract

Corruption has been a serious matter for the Indonesian government, endangering economic stability, eroding public trust, and undermining societal well-being. Recognized as a complex and transnational crime, corruption demands strong legal and institutional action. This paper examines the potential for improving international collaboration within Indonesia’s Draft Asset Forfeiture Law as a means of addressing economic crimes. Although Indonesia ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7 of 2006, the enforcement of asset recovery measures and cross-border cooperation remains inadequate. Key shortcomings in the draft law include a lack of comprehensive guidelines for international collaboration and insufficient mechanisms for seizing assets prior to legal judgments. By utilizing global frameworks such as UNCAC and the ASEAN Mutual Legal Assistance Treaty (AMLAT), these gaps can be addressed. This study recommends revising the draft law to establish clearer international procedures, streamline asset recovery efforts, and bolster Indonesia’s capacity to combat corruption and financial crime effectively.
Irregularities in Legal Procedures in The Cipulir Street Performer Case: An Analysis from Investigation to Pre-Trial Maharani, Ni Made Anggi Dwita; Suwono, Frederica Celia; Abigail, Ielien Dorothy; Nadine, Nathanael; Masari, Stevanus
Devotion : Journal of Research and Community Service Vol. 6 No. 6 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i6.25473

Abstract

Pre-trial proceedings are a legal mechanism designed to control the actions of law enforcement officials, particularly in the process from investigation to prosecution. This study aims to analyze the role of pre-trial proceedings as a form of legal protection for victims of wrongful arrest, with a case study of street musicians in Cipulir who were named suspects without valid evidence. The method used is a normative juridical approach with descriptive analysis of legislation, legal doctrines, and relevant court decisions. The research results show that although pre-trial proceedings normatively have a strategic role in protecting the human rights of suspects, in practice there are still various weaknesses, including limitations in the scope of objects, the passive nature of pre-trial judges, and time constraints to resolve cases. The Cipulir case illustrates the failure of the pre-trial system to provide effective and responsive legal protection. Therefore, comprehensive legal reforms are needed, such as expanding the object of pre-trial proceedings, strengthening the role of judges, and increasing the capacity of law enforcement officials in guaranteeing procedural justice. This study recommends strengthening pre-trial proceedings as an instrument of judicial oversight in the Indonesian criminal justice system.