The Meaning of Good Faith under Article 19 of the Law on the Eradication of Corruption Crimes

Abstract

In this journal, the concept of good faith refers to a third party who honestly provides evidence demonstrating that the assets they hold are neither the proceeds of corruption nor assets entrusted to them by the defendant—ostensibly to safeguard the defendant's assets from seizure or confiscation by the prosecutor's office. On the other hand, Article 19 of the Corruption Eradication Law does not clearly define the meaning of good faith, thus creating legal uncertainty. The issues discussed are, first, legal uncertainty in the implementation of Article 19 of the Corruption Eradication Law concerning the seizure of assets resulting from corruption (Legal Review of Constitutional Court Decision No. 172/PUU-XXIII/2025, Secondly, there is a shared understanding regarding Article 19 of the Corruption Eradication Law. The research employs a normative-juridical method, involving the exploration and analysis of applicable legal norms. The research findings indicate, firstly, the absence of clear and detailed procedural rules, as the PTPK Law does not prescribe in detail the procedures for filing and examining third-party objections, despite the existence of Supreme Court Regulation (PERMA) No. 2 of 2022.Secondly, there is a lack of clear normative boundaries regarding the subjective and objective criteria for a "third party acting in good faith," leading to divergent interpretations among investigators, public prosecutors, and judges. The author recommends adding an explanatory provision to Article 19, paragraph (1), regarding third parties acting in good faith.