A Light Notes On Asset Recovery In The Indonesian Anti-Corruption Law

Go, Lisanawati (2020) A Light Notes On Asset Recovery In The Indonesian Anti-Corruption Law. In: Asset Recovery In Anti-Corruption (International Conference Proceedings), 24-25 November 2020, Zoom.

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Abstract

Corruption in Indonesia has been serious and violates the citizen’s rights of social, economic, and political despite of financial state loss and economy of Indonesia. Corruption has been widespread, threatened, and endangered to countries. This condition has warned Indonesia to start the perspective that to tackle corruption it needs to use all of the extraordinary measurements. The Corruption Perception Index 2019 of Indonesia put Indonesia in the rank 85 out of 180 countries, with a score of 40 out of 100. Corruption is still a serious crime in Indonesia. Though Indonesia has released several methods categorized as extraordinary measurements, such as the existence of Corruption Eradication Commission as a focal point in corruption eradication, the establishment of the special court on corruption through Law Number 46 of 2009, the use of reversal of the burden of proof in particular corruption such as gratuity, public officials wealth report (known as LHKPN), and many more. Indonesian law on anti-corruption did not give a specific mechanism of asset recovery as mandated by the United Nations Convention against Corruption (so-called UNCAC), but implicitly in the law. Indonesia has already the Integrated Asset Recovery System (IARS) but for a criminal asset in general, as regulated in the Prosecutor Regulation Number 9 of 2019 concerning the amendment of the Prosecutor Regulation Number 027/A/JA/10/2014 concerning Guideline of Asset Recovery. The ideal law enforcement for economic crime and trans-organized crime is not only punished crime offenders but also returning assets of crime and/or related to the crime to the entitled parties. It means that law enforcement in corruption must be set the goal in prevention, eradication, and asset recovery. Thus in the corruption context in Indonesia, law enforcement has adhered to the anti-money laundering charge to the forfeited criminal asset itself.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Corruption, Asset Recovery, Law Enforcement, and Obstacles
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Ester Sri W. 196039
Date Deposited: 21 Jul 2021 07:35
Last Modified: 21 Jul 2021 07:35
URI: http://repository.ubaya.ac.id/id/eprint/39830

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