Jurnal Ilmiah Peuradeun
Vol. 14 No. 3 (2026): Jurnal Ilmiah Peuradeun

Legal Certainty versus Substantive Justice: Confiscation of Good-Faith Third-Party Property in Natural Resource Crimes

Nasri Nasri (Universitas Syiah Kuala, Banda Aceh, Indonesia)
Ilyas Ismail (Universitas Syiah Kuala, Banda Aceh, Indonesia)
Efendi Efendi (Universitas Syiah Kuala, Banda Aceh, Indonesia)
Darmawan Darmawan (Universitas Syiah Kuala, Banda Aceh, Indonesia)
Yusrizal Hasbi (Universitas Malikussaleh, Lhokseumawe, Indonesia)



Article Info

Publish Date
30 Sep 2026

Abstract

This study examined the normative disharmony governing confiscated property owned by good-faith third parties in Indonesia’s natural resource-related criminal cases. It addressed the tension between legal certainty and substantive justice arising from inconsistent confiscation standards across general criminal procedure and sectoral legislation. Using a normative juridical design, the study applied statute, conceptual, and comparative approaches to analyze KUHAP, forestry, fisheries, and mining regulations together with selected judicial decisions. The findings showed that the legal protection of third-party owners varies significantly across sectors because ownership, good faith, non-involvement, and proportionality were not governed by a uniform normative standard. Judicial decisions consequently displayed divergent approaches, with some courts recognizing lawful ownership and lack of involvement, while others prioritized confiscatory provisions. The study developed a harmonized normative framework that integrated ownership verification, good-faith assessment, owner knowledge or involvement, the property–crime nexus, and proportionality. The findings indicated that effective confiscation law should preserve state enforcement authority while preventing legal burdens from being imposed on innocent property owners.

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Journal Info

Abbrev

jipeuradeun

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ilmiah Peuradeun (JIP), the International Journal of Social Sciences, is a leading peer-reviewed and open-access journal, which publishes scholarly work, and specializes in the Social Sciences, consolidates fundamental and applied research activities with a very wide-ranging coverage. This ...