Kajian Hukum Perampasan Aset Tanpa Pemidanaan sebagai Alternatif Pemberi Keadilan bagi Negara dan Pelaku Tindak Pidana Korupsi

Abstract

This criminal prosecution leads to a limited solution in returning assets in the form of confiscation of the perpetrator's assets, including for convicts who do not fulfill their obligation to pay replacement money. The confiscation of the assets of corruption suspects was motivated by the fact that up to now the suspects of criminal acts of corruption have carried out various methods, including transferring the suspect's assets to other people. Based on the background description above, the problem in this research can be formulated as follows: how is confiscation of assets regulated in criminal acts of corruption, what is the form of confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption, and how to form regulations law regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption. The research method used in this research is normative juridical research, which is supported by primary data sources and secondary data, and qualitative analysis is carried out. The results of the research and discussion are that 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.