Application of Reciprocal Law in Returning Assets Resulting from Corruption
Keywords:
Mutual Legal Assistance; Non-Conviction Based Asset Forfeiture; corruption.Abstract
One of the unresolved legal issues in Indonesia is corruption. The problem of law enforcement is not yet optimal so that the assets resulting from criminal acts of corruption which are often more than national territory make it difficult to return. Mutual Legal Assistance in Criminal Matters, abbreviated as MLA, which is expected to help law enforcement is not yet optimal. Indonesia, as a participant country of the United Nations Convention Against Corruption (UNCAC), does not yet have a regulatory framework that comprehensively regulates the aspects recommended by the convention. This study aims to find out about efforts and mechanisms to optimize the role of MLA in the recovery of assets resulting from criminal acts of corruption in Indonesia, especially those abroad. This research is normative juridical research conducted by library research and interviews with informants related to the legislation and comparison approach. This article concludes that optimizing the role of MLA requires several steps such as implementing MLA in a more detailed technical format, optimizing the role of law enforcement as the implementer, and adopting the concept of Non-Conviction Based Asset Forfeiture (NCB).
References
Articles, Books and Reports
Atmasasmita, Romli. Around the Corruption Problem National Aspects and International Aspects. Bandung: Mandar Maju, 2004.
Arifin, Ridwan, Indah Sri Utari, and Heri Subondo. "Efforts to Return Assets Abroad (Asset Recovery) in Law Enforcement to Eradicate Corruption in Indonesia". Indonesian Journal of Criminal Law, 1, 1 (2016): 105-137. DOI:
15294 / ijcls.v1i1.10810.
Candra, Deddy and Arifin. "
Obstacles to Returning Assets as a Result of Transnational Corruption Crime ”. BPPK Journal, 11, 1 (2018): 28-55.
Garnasih, Yenti. "Asset Recovery Act as a Strategy inReturn of Assets resulting from criminal offenses ". Journal of Indonesian Legislation, 7, 4 (2010): 629-643.
Husein, Yunus. "Explanation of the Law on Asset Deprivation Without Criminal Justice in Corruption Cases". Research
Report on the Research and Development Center for Law and Policy and the Research and Development Center for Law and Justice of the Supreme Court of the Republic of Indonesia in 2019. https://pshk.or.id/wp- content/uploads/2019/04/ Restatement_Possession-Assets- Without- Criminalization_2019.pdf. Accessed 10/25/2019.
Jaya, Nyoman Serikat Putra. Some Thoughts in the Direction of the Development of Criminal Law. Bandung: Citra Aditya Bakti, 2008.
Kennedy, Anthony. "An Evaluation of the Recovery of Criminal Proceeds in the United Kingdom". Journal of Money Laundering Control, 10, 1 (2007): 33-46. DOI: 10.1108 /
Kennedy, Anthony. "Designing a Civil Forfeiture System: An Issues List for Policymakers and Legislators". Journal of Financial Crime, 13, 2 (2006): 132-163. DOI: 10.1108 /
Laoly, Yasonna H. Diplomacy Investigating Transnational Crimes. Jakarta: Alvabet Library, 2019.
Nasution, Bismar. "Returning Assets resulting from Corruption Through Civil Forfeiture ". Https://jurnal.kpk.go.id/Dokumen/ SEMINAR_ROADSHOW / Asset-recovery-through-civil forfeiture-Bismar-Nasution.pdf. Accessed 05/05/2020.
Pardede, Marulak, and Sri Sedjati. "The Effectiveness of Reciprocal Cooperation Agreement in the Context of National Interest". BPHN Research Report 2012. Https://www.bphn.go.id/data/ documents / lit_2012 _-_
pdf. Accessed 10/28/2019.
Priyatno, Dwidja. "Non-Conviction Based (NCB) Asset Forfeiture for Recovering the Corruption Proceeds in Indonesia". Journal of Advanced Research in Law and
Economics, 9, 1 (2018): 219-233. DOI: 10.14505 //
Jarle.v9.1 (31) .27.
Rustamaji, Muhammad, and Bambang Santoso. "The Study of Mutual Legal Assistance Model and Asset Recovery in Corruption Affair". Indonesian Journal of Criminal Law, 4, 2 (2019): 155-160. DOI: 10.15294 / ijcls.v4i2.18719.
Saputra, Refki. "The Challenge of Implementing Non-Conviction Based Asset Forfeiture in the Asset Seizure Asset in Indonesia". Journal of Anti-Corruption Integrity, 3, 1 (2017):
-130. DOI: 10.32697 / integrity.v3i1.158.
Stolen Asset Recovery Initiative (StAR). "Obtaining Assistance from the UK in Asset Recovery: A Guide for International Partners".
Https://star.worldbank.org/sites/star/files/ar_guide_uk_ updated_dec_2017.pdf. Accessed 10/24/2019.
Sudarto and Hari Purwadi. "The Mechanism of Appropriation of Assets by Using Non-Conviction Based Asset Forfeiture as an Effort to Recover State Losses Due to Corruption Crime". UNS Postgraduate Law Journal, 5, 1 (2017): 109-118.
Sukardi, Irma. "Mutual Legal Assistance Mechanisms in Recouping Assets resulting from Corruption Crimes Under Law Number 1 the Year 2006 concerning Reciprocal Assistance in Criminal Matters". Thesis, University of Indonesia, Jakarta, 2012.
Supardi Confiscation of Treasury Corruption Results from a Just Criminal Law Perspective. Jakarta: Prenadamedia Group, 2018.
Susilawati, Ika Yuliana. "Confiscation of Assets resulting from Corruption Crime Abroad through Mutual Legal Assistance". IUS Journal of Law and Justice Studies, 4, 2 (2016): 138-151. DOI: 10.12345 / ius.v4i2,281.
Wiarti, July. "Non-Conviction Based Asset Forfeiture As A Step To Restore State Losses (Perspective of Economic Analysis of Law". UIR Law Review, 1, 1 (2017): 101109. DOI:
25299 / ulr.2017.1.01.154.
Zuhir, Mada Apriandi. "United Nations Convention Against Corruption, International Obligations and Indonesian Diplomacy related to Anti-Corruption Commitments". Dissemination Seminar Material United Nations Convention Against Corruption (UNCAC), organized by the Faculty of Law of the University of Sriwijaya and the Corruption Eradication Commission, 11/6/2020.
Legal Regulations
The Republic of Indonesia. Law Number 2 of 2002 concerning the Indonesian National Police. State Gazette of 2002 Number 2, Supplement to the State Gazette of the Republic of Indonesia Number 4168.
The Republic of Indonesia. Law Number 30 of 2002 concerning Corruption Eradication Commission. Statute Book Number 137 of 2002, Supplement to Statute Book Number 4250.
The Republic of Indonesia. Law Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters. State Gazette of the Republic of Indonesia Year 2006 Number 18 Supplement to the State Gazette of the Republic of Indonesia Number 4607.
The Republic of Indonesia. Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption, 2003, (United Nations Convention Against Corruption, 2003), State Gazette of 2006 Number 32 Supplement to the State Gazette of the Republic of Indonesia Number 4620.
The Republic of Indonesia, Attorney General's Office. Attorney Regulation Number PER009 / A / JA / 01/2011 concerning the Organization and Work Procedures of the Attorney General's Office of the Republic of Indonesia.
Republic of Indonesia, National Police. Police Chief Regulation Number 21 of 2010 concerning the Organizational Structure
and Work Procedures of Organizational Units at the Headquarters of the Republic of Indonesia National Police Headquarters.
Interview result
Results of an interview with I. Danardi Haryanto, Head of the Subdirectorate of Politics and Law Enforcement Cooperation, Directorate of Law and Political and Security Treaties, Ministry of Foreign Affairs of the Republic of Indonesia, Jakarta, 12/12/2019.
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