Instrumen Hukum Unexplained Wealth Order Dalam Rezim Hukum Anti Pencucian Uang di Indonesia

Setiawan, Peter Jeremiah (2017) Instrumen Hukum Unexplained Wealth Order Dalam Rezim Hukum Anti Pencucian Uang di Indonesia. Jurnal Magister Hukum ARGUMENTUM, 3 (2). pp. 419-454. ISSN 25284584

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Abstract

Unexplained Wealth (UWO) is the most recent form of non-conviction based/ NCB based forfeiture that Order utilizes an inquiry or investigation tool based on the concept of possesion of unexplained wealth or illicit enrichment Several countries have adopted this instrument into their legal system, for example Ireland, Australia and Colombia. It is important to research this instrument according to some factual issues of corruption and money laundering in Indonesia. Based on detterence theory and rational choice theory, Unexplained Wealth Order as criminal policy, could prevent corruption and money laundering because the rationality of legal punishment in this asset forfeiture has demonstrated the calculation of benefits and the cost of the crime. Compared to other asset forfeiture (conviction based asset forfeiture or conventional NCB forfeiture), this policy provides greater loss in the effort to eliminate the main benefits of corruption and money laundering perpetrators. This forfeiture also enlarges three factor of legal punishment as the cost of crime, consisting of certainty of punishment, severity of punishment, and the celerity or swiftness of punishment. Unexplained Wealth Order focused on the subject who categorized as Politically Exposed Persons (PEPs), whereas the object of forfeiture consists of the criteria of an increasing or ownership of the wealth (property/ asset) that could not be explained according to the origin and its relation to the salary and other legitimate income sources, and the property must be effectively controlled by the person petitioned in the asset forfeiture process. The stages of the asset forfeiture process consist of freezing-order or restraining order stages, review or preliminary UWO stages, and Unexplained Wealth Order or forfeiture order as the final stages.

Item Type: Article
Uncontrolled Keywords: asset forfeiture, unexplained wealth order, criminal policy, legal punishment, detterence theory, rational choice theory, politically exposed persons
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Ester Sri W. 196039
Date Deposited: 21 Dec 2018 03:53
Last Modified: 22 Jan 2019 03:07
URI: http://repository.ubaya.ac.id/id/eprint/34040

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