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All Journal The International Journal of Politics and Sociology Research Journal of Law, Poliitic and Humanities
Pongkor, Dionysius Yasmin
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Non-conviction-based (NCB) asset forfeiture concept from a legal and human rights perspective Pongkor, Dionysius Yasmin
The International Journal of Politics and Sociology Research Vol. 13 No. 3 (2025): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v13i3.311

Abstract

This study examines the concept of Non-Conviction-Based (NCB) asset forfeiture through a human rights perspective, focusing on the balance between effective law enforcement and the protection of individual rights. NCB forfeiture enables the state to confiscate assets linked to criminal activity without requiring a prior conviction, making it particularly relevant for addressing corruption, money laundering, and organized crime. However, this mechanism raises concerns regarding property rights, due process, and potential state overreach. The analysis applies three theoretical frameworks, rule of law, due process theory, and property rights theory, to evaluate the legitimacy of NCB practices. Indonesia’s legal and human rights framework, including the 1945 Constitution, Law No. 8/2010 on Money Laundering, Law No. 31/1999 jo. Law No. 20/2001 on Corruption, Law No. 39/1999 on Human Rights, and Law No. 12/2005 ratifying the ICCPR, demonstrates the requirement for fairness and judicial oversight in asset forfeiture procedures. Findings indicate that NCB forfeiture can be compatible with human rights standards if implemented with strict safeguards, transparent procedures, and clear evidentiary thresholds. The study concludes that a comprehensive Asset Forfeiture Law is necessary to reinforce accountability, protect individual rights, and strengthen Indonesia’s asset recovery regime.
Criminalization of Corporate Business Policy as a Corruption Crime: Study of ASDP Case Ira Puspadewi (Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst) Pongkor, Dionysius Yasmin
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3077

Abstract

This study analyzes the criminalization of corporate business policy in the corruption case involving Ira Puspadewi, President Director of PT ASDP Indonesia Ferry, as adjudicated in Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst. Employing a normative juridical method with conceptual and case approaches, the research examines the tension between formal legal certainty and substantive justice in the application of Articles 2 and 3 of the Indonesian Anti-Corruption Law. The findings reveal that the court predominantly relied on a formalistic interpretation emphasizing the fulfillment of statutory elements, particularly unlawful conduct and state financial loss, despite the absence of proven mens rea or personal enrichment. The dissenting opinion invoked the Business Judgment Rule, highlighting the necessity of distinguishing managerial risk from criminal misconduct. The study concludes that excessive formalism risks overcriminalizing corporate discretion and underscores the need for a proportional, context-sensitive enforcement paradigm.
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