Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 2 (2024): Pena Justisia

Asset Forfeiture through Non-Conviction Based Asset Forfeiture and Management of Criminal Proceeds Assets: A Comparative Study with the United States and Thailand

Anisa, Tasya (Unknown)
Nelson, Febby Mutiara (Unknown)



Article Info

Publish Date
04 Jul 2024

Abstract

Confiscation is based on the principle that the proceeds of crime must be confiscated, because the convicted person should not benefit from the crime he committed. The procedure for handling confiscated property is something that needs to be regulated. So it is very important in a rule to determine who is responsible for taking the seized goods and holding them, where they should be stored, and what will be done with them. This paper compares and contrasts the NCB non-conviction based asset forfeiture rules owned by Indonesia, the United States and Thailand as well as the responsibilities in managing assets based on the results of confiscation and confiscation owned by these countries. The selection of the United States as a comparison country in this paper is based on the fact that countries that adhere to the common law legal system have commonly practiced the concept of NCB asset forfeiture as an activity in confiscating and seizing assets and the United States has been implementing the concept for decades. While in the Southeast Asian region, Thailand is one of the countries that has long implemented the concept of NCB asset forfeiture and has an independent institution

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...