The Urgency of Regulating Asset Confiscation Without Conviction for Effective Corruption Eradication

Abstract

This study examines the urgency of establishing legal regulations regarding non-conviction-based asset forfeiture, or the confiscation of assets without conviction, in the Indonesian legal system. This mechanism is seen as a step towards reforming economic criminal law to address the weaknesses of the system, which has so far focused solely on punishing perpetrators. Many corruption cases are not followed by the restitution of state losses because the assets obtained from the crime have been hidden, diverted, or are no longer accessible through conventional criminal mechanisms. This study aims to examine the philosophical, juridical, and sociological foundations of this concept and formulate an ideal design that aligns with the principles of the rule of law and the Indonesian constitution.

The research approach used is a juridical normative one, with a review of various laws and regulations, policy documents, and comparative practices from other countries such as the United Kingdom, the United States, and Singapore. The analysis shows that the basis for implementing asset confiscation without conviction has international legitimacy through the United Nations Convention against Corruption (UNCAC), which Indonesia ratified through Law Number 7 of 2006. At the national level, the draft law on Asset Forfeiture, which has been included in the National Legislation Program, is an important momentum to close the legal vacuum in recovering assets resulting from criminal acts. This study concludes that regulating asset confiscation without conviction is crucial for increasing the effectiveness of corruption eradication while strengthening social justice. With strict judicial oversight, proportional standards of proof, and protection for parties acting in good faith, this mechanism does not conflict with human rights. Instead, this policy emphasizes the role of law as a means of restoring state finances and public welfare, while also embodying Indonesia's commitment to the principles of good governance and clean governance.