E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 1, 2024

Policy Formulation of State Lawyer's Regulations in Seizing Assets Proceeding from Money Laundering Crimes Original from Corruption Crimes

Author(s): Ign Agung Wira Anom Saputra, M Arief Amrullah, Ainul Azizah


Efforts to overcome criminal acts of corruption in Indonesia are currently based on the provisions of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The follow the money approach aims to prioritize tracing assets originating from criminal acts, which is then developed to look for perpetrators and criminal acts committed. The prosecutor's authority to confiscate assets from money laundering crimes is limited. This condition is a legal vacuum or can be interpreted as the absence of laws and regulations that regulate the dynamics of problems that occur in society. The mechanism for civil confiscation of assets resulting from crime is a fundamental concept of justice, where the perpetrator of the crime must not obtain any benefit or benefit from a crime he has committed (crime should not pay). The concept of justice means that a person who commits a crime is not allowed to obtain the slightest profit from the evil act that he has proven to have committed. The Indonesian government needs to formulate legislation whose content is aspirational and responsive to social needs or social influences in society. So it is hoped that realizing the asset confiscation law can effectively restore state losses resulting from criminal acts of money laundering originating from corruption. The paradigm shift from follow the suspect to follow the money as a solution to asset confiscation ultimately resulted in a change in the emphasis of punishment from initially seeking to reveal the relationship between assets and the perpetrator to a link between assets and the criminal act. The function of confiscation of assets by state prosecutors is very necessary considering that the construction of criminal law built in Indonesia tends to prioritize efforts to punish criminals. Legal reform regarding the confiscation of assets resulting from money laundering crimes originating from corruption crimes is implemented through, through the reconstruction of the new Asset Confiscation Law, it is necessary to focus on tracing assets obtained improperly that are suspected of being assets originating from crime. This is important to pay attention to because the country has experienced so many losses due to the failure of the asset confiscation mechanism to its full potential.

Keywords: Policy Formulation, State Attorney, Corruption Crime

Pages: 942-951

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