'ADALAH
Vol 6, No 2 (2022)

Apakah Mengembalikan Hadiah Hasil Kejahatan, Meniadakan Proses Penyidikan? (Analisis Kasus penerima hadiah Doni Salmanan)

Ichsan Syaidiqi (Universitas Indonesia)
Latipah Nasution (Universitas Islam Negeri Syarif Hidayatullah Jakarta)



Article Info

Publish Date
01 Jul 2022

Abstract

Since the discovery of the fraudulent investment case carried out by Doni Salmanan, law enforcement officers then confiscated the financial assets involved in the case. In addition to the ownership of luxury homes, financial assets in banks, to gifts that were given to a number of public figures. There were also several public figures who then voluntarily returned the gifts to police investigators, but the question arose as to whether returning the items could abolish the ongoing legal process. This paper tries to examine these events from the perspective of criminal law theory, law enforcement, and jurisprudence. Then it was found that returning the goods/gifts resulting from a crime does not necessarily negate or abolish the ongoing legal process, but it can be considered by the judge in deciding the case. In addition, for gifts that are still in the possession of the recipient of the gift, it is possible that the gift will be confiscated by investigators for the sake of investigation.

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Journal Info

Abbrev

adalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past ...