THE URGENCY OF ESTABLISHING A LAW ON ASSET FORFEITURE FROM CORRUPTION IN INDONESIA

Abstract

In Indonesia, crimes motivated by money are increasingly varied in both nature and consequences. The Indonesian government often encounters obstacles in its efforts to seize assets obtained through illegal activities. As a result, asset confiscation efforts are often ineffective. This essay aims to investigate the practice of confiscating property acquired through illegal activities in Indonesia and the urgent need for a law on property confiscation there. According to the report, there are two ways of asset forfeiture in the Indonesian legal system: criminal and civil. In Indonesia, asset forfeiture provisions have been regulated in several laws and regulations, including Criminal, both the Anti-Corruption Law and KUHAP. The existing rules, meanwhile, have not been able to provide a foundation for successful asset forfeiture initiatives. This is the reason why Indonesia needs a law on asset forfeiture. In addition to not having adequate protection, Indonesia's status as a country that has ratified the UNCAC emphasizes the need for an Asset Forfeiture Law. Non-punitive asset forfeiture is a process established by UNCAC and is seen as more effective in asset forfeiture efforts. Indonesia should amend its current UNCAC legal provisions to ratify the treaty.