Indonesian Journal of Law and Justice
Vol. 3 No. 3 (2026): March

Peran Perampasan Harta Kekayaan Sebagai Sanksi Pelengkap dalam Upaya Memulihkan Kerugian Negara Melalui Penanganan Kasus Korupsi di Indonesia

Sanjaya, I (Unknown)
Dasi, I (Unknown)



Article Info

Publish Date
23 Feb 2026

Abstract

Corruption as a global problem threatens Indonesia's economic and social stability, with trillions of rupiah in financial losses to the state and a decline in public trust. Asset forfeiture as an additional sanction in criminal corruption cases is regulated to recover losses, but faces challenges such as weak coordination and proving the origin of assets. This study analyzes the following issues: 1) How is the asset forfeiture mechanism applied in the process of enforcing corruption crimes to recover state financial losses? 2) How is the asset forfeiture mechanism applied in the process of enforcing corruption crimes to recover state financial losses? The research method uses a normative juridical approach through literature study and qualitative descriptive analysis. There is a research gap, namely the gap between the available legal regulations (such as Article 18 of Law No. 31/1999 and Article 38 of the Criminal Code). The results of the study show that asset forfeiture is regulated in the Anti-Corruption Law and the Anti-Money Laundering Law as a mandatory sanction under certain conditions, with mechanisms including seizure, judicial/non-judicial forfeiture, and restitution, although its effectiveness is hampered by the complexity of evidence and cross-border asset transfers, thus requiring regulatory strengthening and international harmonization.

Copyrights © 2026






Journal Info

Abbrev

lawjustice

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Law and Justice ISSN 3031 0016 is a peer-reviewed scholarly journal dedicated to presenting high quality research in the field of law and justice in Indonesia. The focus and scope of this journal are, Constitutional Law, Criminal Law and Criminology, Civil and Business Law, ...