Journal Of World Science
Vol. 4 No. 5 (2025): Journal of World Science

The Urgency of the Asset Confiscation Law in on Effort to Restore State Losses Due to Corruption

Agustina, Mela (Unknown)
Pertiwi, Nurfadilah Dwinanda (Unknown)
Angelica, Angelica (Unknown)
Waluyadi, Waluyadi (Unknown)
Nurhaqi, Ari (Unknown)



Article Info

Publish Date
31 May 2025

Abstract

Corruption in Indonesia continues to cause significant state financial losses and erode public trust in governance. Traditional criminal sanctions such as imprisonment and fines have proven insufficient to deter corrupt actors, particularly due to the absence of a clear legal framework allowing asset confiscation without requiring a criminal conviction. This study examines the urgency of ratifying the Asset Forfeiture Law as a strategic tool to recover state losses resulting from corruption crimes. Employing a normative juridical approach, the study analyzes relevant laws, literature, and documentation using qualitative and prescriptive methods. Findings reveal that the Asset Forfeiture Law, through its in rem-based asset confiscation mechanism, addresses critical gaps by enabling the state to seize assets suspected of being derived from criminal acts regardless of the perpetrator’s criminal conviction. This progressive legal reform not only enhances law enforcement effectiveness but also reinforces social justice by preventing corrupt individuals from benefiting from illicit gains. The study underscores the need for coherent, comprehensive regulations aligned with international standards, facilitating more efficient asset recovery and strengthening public confidence in the legal system. The implications highlight the Asset Forfeiture Law’s role in advancing Indonesia’s anti- corruption framework and promoting good governance.

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Journal Info

Abbrev

jws

Publisher

Subject

Computer Science & IT Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal Of World Science is a scientific journal in the form of research and can be accessed openly. This journal is published monthly by CV Riviera Publishing. Journal of World Science provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal ...