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THE URGENCY OF THE ASSET CONFISCATION LAW IN ON EFFORT TO RESTORE STATE LOSSES DUE TO CORRUPTION.

Agustina, Mela and Waluyadi, Waluyadi and Nurhaqi, Ari (2025) THE URGENCY OF THE ASSET CONFISCATION LAW IN ON EFFORT TO RESTORE STATE LOSSES DUE TO CORRUPTION. THE URGENCY OF THE ASSET CONFISCATION LAW IN ON EFFORT TO RESTORE STATE LOSSES DUE TO CORRUPTION., 4 (5): 4. pp. 490-502. ISSN 28289307

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Abstract

Corruption in Indonesia continues to cause significant state financial losses and erode public trust in
governance. Traditional criminal sanctions such as imprisonment and fines have proven insufficient to
deter corrupt actors, particularly due to the absence of a clear legal framework allowing asset
confiscation without requiring a criminal conviction. This study examines the urgency of ratifying the
Asset Forfeiture Law as a strategic tool to recover state losses resulting from corruption crimes.
Employing a normative juridical approach, the study analyzes relevant laws, literature, and
documentation using qualitative and prescriptivemethods. Findingsrevealthatthe Asset Forfeiture Law,
through its in rem-based asset confiscation mechanism, addresses critical gaps by enabling the state to
seize assets suspected of being derived from criminal acts regardless of the perpetrator’s criminal
conviction. This progressive legal reform not only enhances law enforcement effectiveness but also
reinforces social justice by preventing corrupt individuals from benefiting from illicit gains. The study
underscores the need for coherent, comprehensive regulations aligned with international standards,
facilitating more efficient asset recovery and strengthening public confidence in the legal system. The
implications highlight the Asset Forfeiture Law’s role in advancing Indonesia’s anti- corruption
framework and promoting good governance

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum
Depositing User: Unnamed user with username fh
Date Deposited: 10 Jul 2025 08:12
Last Modified: 10 Jul 2025 08:12
URI: https://eprints.ugj.ac.id/id/eprint/1040

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