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Gusti Ramadhani; Yasmirah Mandasari Saragih; Tuti Widyaningrum; Heru NurTjahyo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

Ahmad Dicky Arjunanda; Ibnu Nafi; Ahmad Nuzulurrizki; Yudi Widagdo Harimurti

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The proposed Asset Seizure Bill has become urgent because the existing criminal justice system, as stipulated in the Corruption Eradication Law and the Money Laundering Law, has not been effective in recovering assets derived from crime, especially if the defendant dies, flees, or the criminal proceedings are halted. This study aims to analyze in detail the extent to which the Asset Seizure Bill can be integrated into the existing criminal and civil procedural law framework in Indonesia, as well as how a transparent and accountable mechanism for managing seized assets can be established for the recovery of assets in the public interest. The method used is normative legal research with a legal, conceptual, case, and comparative approach. The findings show that this bill adopts the mechanism of Asset Forfeiture Without Criminalization with an in-rem approach (targeting assets, not perpetrators) through civil court proceedings, as well as implementing the concept of unexplained wealth to expand the scope of forfeiture and close legal loopholes. The implication is that this bill is a strategic instrument in eradicating corruption and recovering state losses amounting to trillions of rupiah, but its success is highly dependent on careful formulation, ensuring due process of law, and the existence of political will and readiness of law enforcement officials.

Sharla Martiza Maulana P; Maya Shafira; Fristia Berdian Tamza

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Illegal wildlife capture and trade is a form of crime that has a serious impact on environmental sustainability. This practice not only disrupts the balance of the ecosystem but also threatens the sustainability of biodiversity, a vital asset for the nation and the world. Lampung Province is a strategic region for wildlife trafficking due to its proximity to inter-island distribution routes. This condition makes Lampung one of the provinces with the highest number of wildlife confiscations in Indonesia, thus requiring increased attention from various parties. This study aims to analyze the factors causing illegal wildlife capture and trade, while also identifying mitigation efforts. The research method used is a combination of normative and empirical juridical. Data were obtained through literature review and interviews with relevant agencies, then analyzed qualitatively using an interactive approach and legal interpretation. The results show that economic factors, socio-cultural factors, education levels, environmental conditions, and hobby-based activities are the main triggers for the rise in wildlife crime. Economic motives often drive people to get involved due to the high selling price of wildlife, while socio-cultural factors and low legal awareness exacerbate the situation. An environment that supports fishing activities, along with demand from certain hobbies such as animal collecting, further increases the opportunity for violations. In response, the Lampung Regional Police, in collaboration with the Natural Resources Conservation Agency (BKSDA) SKW III Bengkulu-Lampung, have implemented penal measures through law enforcement, as well as non-penal measures through education, outreach, and community empowerment. This study concludes that synergy between law enforcement, active community participation, and sustainable prevention strategies is key to reducing the rate of wildlife crime. With integrated collaboration, it is hoped that biodiversity can be maintained for the sustainability of the ecosystem in the future.

Hanif Fonda; Riswadi, Riswadi

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

In order to determine who has the right to take business assets implicated in money laundering offenses, this paper examines the legal loophole in Law Number 8 of 2010 about the Prevention and Eradication of Money Laundering offenses (UU TPPU). The efficacy of law enforcement may be weakened and the process of recovering assets from crimes may be hampered by the ambiguous authority and lack of regulatory synchronization. Combining a statutory and conceptual approach with a normative legal technique, this study examines the implications of legal uncertainty on the mechanism of asset confiscation in eradicating TPPU. This research result indicates that the lack of authority in implementing asset forfeiture consequences results in inconsistent legal procedures, overlapping institutional roles, and slows down the recovery of state assets. Therefore, legal reform is needed through amendments to Article 9 of the TPPU Law and alignment with the Criminal Code (KUHP) and other related regulations so that the mechanism of asset confiscation is more precise, more effective, and coordinated. In addition, synergy between investigators, prosecutors, The Corruption Eradication Commission (KPK), and the Financial Transaction Reports and Analysis Center (PPATK) are essential for improving the efficiency of state asset recovery. Regulations and an integrated system make it possible to swiftly and publicly seize assets resulting from criminal activity, which deters criminals, enhances public trust in law enforcement, and ensures that assets obtained illegally can be returned for the benefit of the state and society, while reinforcing the integrity of the justice system.

Andari Rizky Aria Putra; Trini Handayani; Aji Mulyana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The development of corruption nowadays is accompanied by other crimes related to hide assets from corruption and one way of it is by money laundering mechanism. The mechanism of it is contained in the Criminal Code, Criminal Procedure Code, Law No. 20/2001 jo. Law No. 31/1999 concerning the Eradication of Corruption and Law No. 8/2010 concerning Prevention and Eradication of the Crime of Money Laundering. There are also international legal instruments adopted to strengthen efforts to seize assets from criminal acts of corruption, such as UNCAC which was ratified by the Government of Indonesia into Law Number 7/2006 concerning Ratification of the UNCAC on April 18, 2006. Indonesia needs a regulation that has stronger legal force and has a special mechanism regarding the mechanism for the confiscation of assets and assets that are suspected of being obtained as a result of corruption. It can be suggested to the Government and the legislature to encourage the discussion and passing of the asset confiscation bill’s immediately.

Ayu Winda Amelia; Keilla Anabila; Nur Amalia Zahra

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Corruption Eradication Commission (KPK) plays a crucial role in combating corruption in Indonesia. This institution was established to address various corruption cases involving public officials, with the aim of increasing transparency, accountability, and justice in government administration. However, KPK faces numerous challenges in carrying out its duties, such as revisions to laws that limit its authority and obstacles in coordination with other law enforcement agencies. The factors causing corruption in Indonesia are complex, including weak oversight, a permissive culture towards corruption, and lack of transparency in state budget management. KPK not only focuses on taking action against corruption perpetrators but also strives to recover state losses through asset confiscation mechanisms. Despite this, KPK's effectiveness in combating corruption is often hindered by both internal and external challenges. Therefore, it is important to continuously strengthen coordination among law enforcement agencies and encourage legal reforms to enhance this institution. With stronger commitment from all parties, corruption eradication in Indonesia can be more effective, leading to a clean government free from corruption practices.

Rubby Aziz Zaura Kamal; Iqbal Abdul Azis; Vivi Firda Silvia; Lina Marlina

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islam, as a perfect religion, teaches the values of honesty, justice, and transparency in various aspects of life, including economics and business. The prohibition of Tadlis (fraud in transactions), Ihtikar (hoarding goods for unfair profit), and Ghulul (corruption or betrayal of public trust) has been emphasized by Prophet Muhammad (PBUH) to protect society from harmful economic practices. This study aims to analyze the 2025 Pertamina corruption case from the perspective of Islamic prohibitions against Tadlis, Ihtikar, and Ghulul. This research employs a qualitative approach using a case study method, relying on secondary data from scholarly journals, news articles, and other relevant literature. The findings reveal that the corruption case reflects Tadlis through the manipulation of fuel quality information, Ihtikar through unfair price control, and Ghulul through the misappropriation of public funds, resulting in state losses amounting to trillions of rupiah and eroding public trust in the government. The study highlights that corruption is not only a violation of state law but also a moral crime that contradicts Islamic principles. The application of Islamic legal values, such as Ta’zir sanctions in the form of fines, asset confiscation, and severe punishments, can serve as preventive and repressive measures against corruption. Thus, this study aims to contribute to strengthening anti-corruption policies based on Islamic ethics while promoting transparency and justice in national economic governance.

Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

Corruption is one of the criminal acts that has a destructive impact on development and public trust. In an effort to strengthen the eradication of corruption, impoverishment punishment is proposed as a progressive approach that aims to provide a deterrent effect and restore state losses. This study aims to analyze the effectiveness of the application of impoverishment punishment in handling corruption in Indonesia. The method used is a juridical-sociological approach, by examining applicable regulations and the impact of their application in practice.The results of the study show that impoverishment punishment has great potential in reducing corruption rates, especially with the confiscation of assets from crime which can reduce the motivation of perpetrators to commit corruption. However, the implementation of this punishment faces various challenges, including the lack of regulatory synchronization, technological limitations in asset tracking, and political resistance. This study recommends strengthening regulations, increasing the capacity of financial forensic technology, and public education to support the effective implementation of impoverishment punishment. With the right strategy, impoverishment punishment can be one of the key instruments in building a stronger and more equitable corruption eradication system.

Ira Nazhifatul Qalbah; Wildan Taufiq; Badruzzaman M Yunus

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2024 CV. ALIM'SPUBLISHING

This study discusses the interpretation of verses of the Qur'an related to the illegal taking of other people's property, especially in the context of the confiscation of corruptor assets, based on the views of Muhammad Quraish Shihab (Tafsir Al-Misbah), Hamka (Tafsir Al-Azhar), Ibn Kathir (Tafsir al-Qur'an al-'Azhim), and Wahbah Zuhaili (Tafsir al-Munir). This study uses a qualitative method with a library research approach to conceptually examine various things that are correlated with corruption from the perspective of the Qur'an. Therefore, this study is a type of qualitative and thematic research through literature review, namely by writing, reducing, and presenting data and analyzing it, as well as the theory of maqashid sharia and jinayah. The results of the study show that the commentators support the confiscation of corruptors' assets as a legitimate action in Islam, by the principles of maqashid al-syariah, especially the protection of property (hifz al-mal). Quraish Shihab emphasizes the importance of asset confiscation to restore justice and protect society. Hamka sees this action as a just punishment that also restores the rights of society. Ibn Kathir emphasizes that corruption must be punished strictly to prevent greater damage. Wahbah Zuhaili emphasizes the authority of the government in upholding justice and preventing injustice, including through the confiscation of illegal assets. This interpretation provides a strong theological basis for the policy of asset confiscation as part of the enforcement of Islamic law, emphasizing that such action is necessary to maintain balance and stability in society.  

Billy Jayando Parasian Sinaga; Dewa Gede Pradnya Yustiawan

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

According to Law Number 37 of 2004 tates that bankruptcy is general confiscation of assets of bankrupt debtor. Those failure to pay debtors commonly beacause of a strain in company's financial condition. The purpose of imposition of bankruptcy is to protect both bankrupt debtor and creditors. In the development of bankruptcy in Indonesia, the regulation of Insolvency test in imposing companies bankruptcy, especially companies with legal status, has not been regulated in Law No. 37 of 2004. Insolvency is the failure to done a financial responsibility in the due date as is appropriate in a company, or the excess of liabilities over assets within certain time. If the debtor has been declared insolvent, the debtor is completely bankrupt and properties will soon be divided. There also has no provision stating that Insolvency Test is a condition for bankrupting a debto. Regulation absence regarding Insolvency Test certainly cause problems for companies that many Indonesia’s companies experience legal bankruptcy. Therefore, author feels it is necessary to do a research related to Insolvency Test which was once applicable in Indonesian Bankruptcy Law, but no longer used, even though the application of Insolvency Test is very helpful for the judge's view in deciding individual or legal entity in a state of bankruptcy in court, and further clarifies the objectivity in bankruptcy judgment.    

Khoirul Syahri; Zahro Anis Solekha; Laili Jazilatul Khusna

Discourse on Law and Society 2024 International Forum of Researchers and Lecturers

Regulated asset confiscation​ in criminal acts of corruption based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. A form of asset confiscation without punishment as an alternative to giving justice for the state and perpetrators of criminal acts of corruption consists of an asset confiscation system using the Non Conviction Based Asset Forfeiture model and implementing the mandate of UNCAC as the State. The establishment of legal rules regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption in realizing a welfare state, at least taken in several progressive legal steps, namely improving statutory regulations, strengthening coordination between law enforcement agencies, and speed up the completion of the Asset Return Law.    

Yudiansyah B; Yasmirah Mandasari Saragih; Syaiful Asmi

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of writing this journal is to identify and analyze the ways and motives behind corrupt acts carried out by corporations, as well as understand the organizational structure and market dynamics that influence these corrupt practices. And evaluate the legal consequences that apply to corporations involved in acts of corruption and examine the effectiveness of implementing these penalties in efforts to prevent and overcome corruption among corporations. The approach method used in this research is Normative Law (normative juridical) using a statutory approach, a conceptual approach, and a comparative and empirical approach (field data). The research results show that corporations are involved in acts of corruption through various, often complex and covert means, driven by motives to increase profits, dominate markets, or avoid regulations. The mechanisms they use range from giving bribes, manipulating tenders, to money laundering practices. Corporations involved in acts of corruption can face a number of legal consequences, ranging from heavy fines, license revocation, asset confiscation, to operational restrictions. Although these penalties are intended to provide a deterrent effect, their effectiveness in preventing corporate corruption often varies. While fines may have a financial impact, without significant internal changes in corporate culture and governance, the potential for a return to corrupt behavior remains.

Rusdi Sanmas

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the criminal law policy in the return of state financial losses in the form of replacement payments by corruption convicts and to determine the efforts made by police investigators in overcoming obstacles to the return of state financial losses in the form of replacement payments by corruption convicts. The method used in this study is a qualitative method, with a normative legal approach as the main approach and empirical legal as a supporting approach. The data sources in this study were obtained from secondary data as the main data and primary data as supporting data. Furthermore, the data were then processed using qualitative methods. The results of the study obtained information that the criminal payment of replacement money has been regulated in Law No. 31 of 1999 concerning the Eradication of Corruption as amended by Law No. 20 of 2001. The amount of replacement money payment is the same as the assets obtained from the crime of corruption. If the replacement money is not paid, the convict is sentenced to imprisonment for a period not exceeding the maximum threat of the principal sentence. Therefore, the return of state financial losses cannot be optimal. The amount of compensation for state financial losses needs to be increased, by confiscating and seizing the perpetrator's assets/wealth. The Asset Confiscation Law needs to be formed as a legal basis for confiscating assets from corruption.

Melky AS Mendrofa

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Confiscation of assets regulated in criminal acts of corruption is based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The form of asset confiscation without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption consists of an asset confiscation system using the Non Conviction Based Asset Forfeiture model and implementing the mandate of UNCAC as the State. The establishment of legal rules regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption in realizing a welfare state, at least taken in several progressive legal steps, namely improving statutory regulations, strengthening coordination between law enforcement agencies, and accelerating finalize the Asset Recovery Act.

Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Ulfa, Jazillatul; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks.   Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders