Fulfillment of Legal Objectives in Handling Corruption Cases Through Asset Recovery

Abstract

The benchmark for success in eradicating corruption is currently not only measured by how many perpetrators are punished, but currently the success of law enforcement in corruption cases is also assessed by how much state financial loss has been recovered. So that the eradication of criminal acts does not only recognize follow the suspect but also prioritizes the principle of follow the money and follow the asset. The purpose of this study is to describe and analyze the legal rules in the confiscation of assets of corruption convicts and to determine the ideal rules to regulate asset confiscation in the future. This legal research uses a normative juridical legal research approach method, namely legal research conducted by examining library materials or secondary data as basic materials for research by conducting searches of regulations and literature related to the problems being researched. Corruption comes from the Latin word "corruption" which means damage or decay. Corruption is a crime that is included in Extra Ordinary Crime and one of the serious impacts of corruption is that it harms state finances. The Corruption Eradication Law explicitly mandates efforts to carry out Asset Recovery actions against assets resulting from corruption, namely as regulated in the provisions of Article 18 of the Corruption Eradication Law which explains that perpetrators of corruption can be subject to additional penalties in the form of confiscation of tangible or intangible movable goods or immovable goods used for or obtained from corruption, including companies owned by convicts where corruption is committed, as well as goods that replace these goods.