CONFISCATION OF ASSETS WITHOUT CRIMINAL IMPOSITION FROM A NON-CONVICTION-BASED FORFEITURE PERSPECTIVE

Abstract

The purpose of this article is to describe criminal policies regarding the implementation of Non Conviction Based Forfeiture of Stolen Assets Recovery (NCB), which is a mechanism for confiscating the proceeds of criminal acts of corruption from corruptors without a criminal justice process. By using a normative study with a statutory approach and a case approach, namely the Asset Confiscation Draft Law (RUU), Law Number 20 of 2001 concerning Amendments to the Corruption Eradication Law, Law Number 7 of 2006 concerning Ratification of United Nations Convention Against Corruption and Law Number 11 of 2008 concerning ITE. This article is based on research with the first results, this concept aims to restore State losses incurred as a result of crime without first imposing a crime on the perpetrator. There are 2 types of confiscation in question, namely in personam (criminal forfeiture) and in rem confiscation, namely civil forfeiture, civil forfeiture and Non Conviction Based (NCB) asset forfeiture with a lawsuit against assets not against people. This requires proof that a property has been contaminated by criminal activity. However, in practice, this criminal policy does not work optimally with civil justice but is created separately.