Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan

Optimalisasi Peran Hakim dalam Menelusuri Aset Non-Rekening: Analisis Peraturan Mahkamah Agung Nomor 1 Tahun 2013

Dian May Syifa (Universitas Islam Negeri Antasari Banjarmasin)
Rena Zulfaidah (Universitas Islam Negeri Sunan Gunung Djati Bandung)
Muhammad Noor Ridani (Universitas Islam Negeri Antasari Banjarmasin)



Article Info

Publish Date
25 Dec 2025

Abstract

This research aims to provide a solution regarding the optimization of the judge's role in tracing non-account assets suspected of originating from money laundering crimes based on the authority mandated in Supreme Court Regulation Number 1 of 2013. The primary issue in handling money laundering is the difficulty of proving assets not recorded in bank accounts, even with the implementation of a reverse burden of proof system, as such evidence is prone to manipulation and fabrication by perpetrators. This study employs a normative legal research method with a statutory analysis approach. The results indicate that judges hold a crucial position as the final bastion of justice through the optimization of authorities regulated in Article 15 and Article 17 of Supreme Court Regulation Number 1 of 2013. This optimization includes the judge's authority to conduct direct examinations where the assets are located, request expert testimony—such as from forensic accounting experts to detect hidden fund flows—and request new materials based on financial intelligence reports from the PPATK. By maximizing the visionary role of judges in utilizing these legal instruments, it is expected that obstacles in proving non-account assets can be overcome so that the process of state asset recovery can be carried out more effectively and fairly.

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Journal Info

Abbrev

adil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Adil KaTalino: Jurnal Hukum dan Wacana Keadilan is a peer-reviewed open-access journal that aims to publish high-quality research and conceptual analyses on law and justice, including legal theory, legal philosophy, legal development, legal policy, constitutional law, human rights, socio-legal ...