Perampasan Aset Tanpa Pemidanaan Tindak Pidana Pencucian Uang Hasil Tindak Pidana Korupsi: Studi Perbandingan Negara Amerika Serikat, Australia dan Irlandia
Martinus Restia Reswara, Dr. Sigid Riyanto, S.H., M.Si.
2025 | Skripsi | ILMU HUKUM
This
research aims to identify, analyze and to understand the non-conviction based
asset forfeiture regulations on money laundering proceeds from corruption by
doing comparison study with United States, Australia and Ireland. This research
also aims to identify, analyze and to understand the regulation potential of
non-conviction asset forfeiture in Indonesia based on the comparison done with
the existing law in United States, Australia and Ireland.
The
method used in this research is normative. The nature of this research is
descriptive and comparative study. Data used in this research is secondary
data. The secondary data was obtained with qualitative analysis dan conclusion
drawn with statute approach and comparative approach deductively.
Based from the research that this legal study had done, non-conviction asset forfeiture is limitedly regulated through Undang-Undang No. 8 Tahun 2010. Forfeiture thats accomodated by that statute is still based on conviction based. To be regulated in such a way as to eliminate any possibility of providing incentives to law enforcement officers in carrying out non-conviction based asset forfeiture; to include comprehensive protections for third parties, particularly by ensuring the provision of legal aid for those who are economically disadvantaged; to establish clear procedures for the auction and distribution of assets as well as periodic reports that are easily accessible to the public regarding the implementation of asset forfeiture; to ensure the existence of an independent and impartial oversight body; to promote cooperation and harmonization with related regulations; and to prioritize asset management for accountable public purposes, such as crime prevention, social assistance for affected third parties, and the strengthening of law enforcement institutions.
Kata Kunci : Perampasan Aset Tanpa Pemidanaan, Tindak Pidana Pencucian Uang, Tindak Pidana Korupsi, Anti Pencucian Uang