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VOL. 12, ISSUE 3 (2026)
Non-conviction-based asset forfeiture As a legal formulation for asset recovery in corruption offences in Indonesia
Authors
I Gede Sudyatmaja, I Made Arya Utama, Putu Gede Arya Sumerta Yasa, Diah Ratna Sari Haryanto
Abstract
Corruption remains one of the most serious
crimes causing significant financial losses to the state and hindering national
development, therefore asset recovery has become an essential objective in the
enforcement of anti-corruption law in Indonesia. However, in practice, the
recovery of assets derived from corruption often faces obstacles when the
criminal conviction of the offender cannot be obtained, resulting in a gap
between the objective of restoring state losses and the limitations of the
conventional criminal justice system. Indonesian anti-corruption law has
introduced additional penalties in the form of payment of replacement money,
yet the regulation concerning asset confiscation without criminal conviction
has not been comprehensively formulated in statutory law. This study aims to
examine the juridical review of asset confiscation in corruption offences in
Indonesia and to analyze the mechanism of non-conviction-based asset forfeiture
as a legal formulation for asset recovery in corruption crimes. This research
uses normative legal research with statutory, conceptual, comparative, and case
approaches, focusing on the absence of clear legal norms regarding confiscation
of assets obtained from corruption. The results show that asset confiscation related
to corruption is regulated in Article 32, Article 33, Article 34, and Article
38C of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes,
but Indonesia has not yet enacted a specific law that explicitly regulates
non-conviction-based asset forfeiture, as such regulation remains in the form
of a Draft Law on Asset Confiscation. The study concludes that the
Non-Conviction-Based Asset Forfeiture model, which targets the asset rather
than the offender, can serve as a legal formulation to optimize asset recovery
in corruption cases in Indonesia.
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Pages:152-156
How to cite this article:
I Gede Sudyatmaja, I Made Arya Utama, Putu Gede Arya Sumerta Yasa, Diah Ratna Sari Haryanto "Non-conviction-based asset forfeiture As a legal formulation for asset recovery in corruption offences in Indonesia". International Journal of Law, Vol 12, Issue 3, 2026, Pages 152-156
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