Dame Journal of Law
Vol 1 No 2 (2025): DJL

Analisis Hukum Perampasan Aset Tindak Pidana Korupsi Dalam Konteks Keadilan dan Perlindungan Hak Asasi Manusia: Analisis Hukum Perampasan Aset Tindak Pidana Korupsi Dalam Konteks Keadilan dan Perlindungan Hak Asasi Manusia

Ainul Yaqin, Ach. (Unknown)
Ilham, Lailul (Unknown)
Yaqin, Ach. Ainul Yaqin (Unknown)
Lailul Ilham (Unknown)



Article Info

Publish Date
07 Oct 2025

Abstract

This research focuses on the legal analysis of asset confiscation resulting from corruption from the perspective of justice and human rights. Asset confiscation is seen as an important instrument in recovering state losses and strengthening the anti-corruption system, but its practice raises serious problems related to the protection of individual rights, especially those of well-intentioned third parties. The research method used is normative legal, emphasizing library research, analysis of laws and regulations, international legal instruments, and a review of relevant legal literature. The results indicate a tension between the state's interest in recovering losses from corruption and its obligation to safeguard the basic rights of citizens. Normatively, national regulations have regulated the mechanism for asset confiscation, but there are still implementation weaknesses, overlapping authority between institutions, and the absence of specific regulations regarding non-conviction-based asset forfeiture as stipulated in international standards. The implications of this research emphasize the importance of legal reform through the establishment of specific laws on asset recovery, institutional harmonization, and the adoption of international practices that uphold the principles of proportionality and substantive justice. Thus, asset confiscation policies can be more effective, accountable, and remain in line with human rights protection.

Copyrights © 2025






Journal Info

Abbrev

djh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

DJL | Dame Journal of Law is an open-access and peer-reviewed scientific journal that acts as an internationally reputable academic platform in studying the dynamics of cross-border law. The main focus of this journal is to analyze governance policies as well as legal aspects of civil rights, with ...