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All Journal Journal of Law and Legal Reform HORIZON PUBLIC LEGAL STUDIES
Moch Andry Wikra Wardhana Mamonto
Faculty of Law, Universitas Muslim Indonesia
Law, Crime, Criminology & Criminal Justice

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Impoverishing Corruptors or Just a Slogan? The Disparity in Asset Confiscation Policies Between Indonesia and Singapore Andi Reski Tenripada Mannan; Muhammad Fachri Said; Moch Andry Wikra Wardhana Mamonto
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/3s1hsn32

Abstract

This study aims to analyze and compare criminal law policies related to the confiscation of assets resulting from corruption in Indonesia and Singapore, and to identify obstacles and solutions that can be implemented in Indonesia. The method used is normative legal research with a comparative approach, through a review of laws and regulations, doctrines, and legal practices in both countries. The results of the study indicate that Indonesia still faces a legal vacuum because it does not yet have a comprehensive Non-Conviction Based (NCB) Asset Forfeiture regulation, in contrast to Singapore, which has implemented it effectively through the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA) since 1992. In addition, there are four main obstacles in Indonesia, namely the non-passage of the Asset Forfeiture Bill, the absence of a mechanism for reversing the burden of proof, regulatory fragmentation, and weak coordination between law enforcement agencies. Based on these findings, this study recommends accelerating the ratification of the Asset Forfeiture Bill, harmonizing regulations, strengthening institutional independence, and adapting best practices from Singapore into the national legal system
Promoting the Principle of Political Equality: Reformulation of Private Funding Source Regulations for Indonesian Political Parties Moch Andry Wikra Wardhana Mamonto; Mohd Shahril Nizam Bin Md Radzi; Andi Pangerang Moenta; Aminuddin Ilmar; Marwati Riza
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.14457

Abstract

This study examines the regulation of private funding sources for political parties, with the goal of developing a framework that ensures political equality for donors. Adopting a normative legal research approach, the study employs statutory, conceptual, and comparative methods. Data are analyzed descriptively and prescriptively to offer a comprehensive understanding of the current regulatory gaps and to propose a ius constituendum for the regulation of private political party funding. The findings reveal two key issues. First, while Indonesia has regulations governing private funding for political parties, these regulations do not comprehensively address all private funding sources, leaving certain sources unregulated or insufficiently restricted. Second, the existing regulatory framework fails to ensure political equality among donors. Based on these findings, the study recommends several reforms for more equitable regulation. Specifically, it advocates for a regulatory framework that prioritizes political equality, with detailed classifications of private funding sources—distinguishing between internal sources, such as party taxes from members holding political positions, and external sources, such as loans from individuals or legal entities. Additionally, the study proposes establishing clear limits on donor contributions, including maximum limits for both member contributions and party taxes. These reforms aim to create a more transparent and balanced system of political financing, ensuring fairer access to the political process for all donors.
Co-Authors Aminuddin Ilmar Andi Pangerang Moenta Andi Reski Tenripada Mannan Marwati Riza Mohd Shahril Nizam Bin Md Radzi Muhammad Fachri Said