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VOL. 10, ISSUE 1 (2024)
Confiscation at the prosecution level, is it possible?
Authors
Devi Safliana, Mohd Din, Yanis Rinaldi
Abstract
The provision of Article 38 Paragraph (1) Law
Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), emphasize that
the authority to confiscate is only owned by investigators, but at the
practical level thus is not always relevant to be operationalized. Sometimes
the discovery of evidence and goods related to a new criminal offense is found
at the prosecution stage, hence for validity there is a need for confiscation
authority at the prosecution level. This research aims to examine and analyze
the legal basis of foreclosure at the level of prosecution in the criminal
justice system. The research method used is normative juridical method, by
examining the legal basis of confiscation during the prosecution level in the
criminal justice system. The result showed that in principle, the Criminal
Procedure Code has implicitly laid the basis for the authority of confiscation
to be conducted at the prosecution stage. Foreclosure is closely related to the
prosecution process, especially in the context of recovering criminal assets.
The legal basis for confiscation during the prosecution stage is reffered to
Article 18 Paragraph (2) of Law Number 8 of 1999 concerning Eradiction of
Corruption, Article 30A of Law Number 11 of 2021 concerning amendments to Law
Number 16 of 2004 concerning Attorney General’s Office, Decree of the Head of
the Supreme Court of Republic of Indonesia Number: KMA/032/SK/IV/2006 dated
April 4, 2006, Regulation of the General Attorney of the Republic of Indonesia
Number: PER 036/A/JA/09/2011 concerning Standard Operating Procedures (SOP) for
the Prosecution of General Crime Cases, Regulating of the Prosecutor General
Number Per-027/A/JA/10/2014 concerning Guidelines for the Recovery of Assets,
Instruction of the General Attorney Number 8 of 2023 concerning the
optimization of the prosecution of special criminal cases, and instruction of
the General Attorney Number 1 of 2024.
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Pages:142-146
How to cite this article:
Devi Safliana, Mohd Din, Yanis Rinaldi "Confiscation at the prosecution level, is it possible?". International Journal of Law, Vol 10, Issue 1, 2024, Pages 142-146
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