AL-SULTHANIYAH
Vol. 15 No. 1 (2026): AL-SULTHANIYAH

Urgensi Pengaturan Sita Aset Perkara Pidana Korupsi dalam Rangka Pemulihan Aset Negara

Ferdian, Tomy (Unknown)
Hafrida, Hafrida (Unknown)
Sudarti, Elly (Unknown)



Article Info

Publish Date
05 Mar 2026

Abstract

Corruption in Indonesia has transformed into an extraordinary crime that systemically destroys the state's economic structure. Despite a high rate of law enforcement actions, the level of asset recovery remains very low compared to the total state financial losses incurred. This research aims to analyze the urgency of updating the legal framework regarding asset confiscation in corruption cases in Indonesia. The method used is normative juridical research with statutory and conceptual approaches. The findings indicate that the current asset confiscation regulation, which relies on the Criminal Procedure Code (KUHAP), focuses solely on evidentiary purposes (corpus delicti) and requires an in personam claim, making it inadequate for the optimal recovery of state losses. Furthermore, there is a disharmony of norms between the KUHAP, the Anti-Corruption Law, and bankruptcy law, which frequently hinders the asset execution process. Therefore, legal reformulation through the adoption of the Non-Conviction Based (NCB) Asset Forfeiture principle is an absolute necessity. This concept allows for asset confiscation without waiting for a criminal conviction against the perpetrator and is proven to be in line with international standards such as UNCAC and FATF. This research concludes that the enactment of the Asset Confiscation Bill is highly urgent and must be accompanied by institutional legal harmonization and mechanisms to protect the civil rights of good-faith third parties.

Copyrights © 2026






Journal Info

Abbrev

al-sulthaniyah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international ...