Optimization of the Pre-Prosecution Stage as an Effort to Confiscate Assets in Money Laundering Cases (Case Study of Manokwari District Court Decision Number: 28/Pid.B/2023/Pn Mnk)

Abstract

Money Laundering is an organized crime that attempts to conceal or eliminate the traces of criminal assets. Money Laundering is significantly regulated by Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering.This study uses a normative juridical method to analyze and explain how the efforts to confiscate assets in money laundering criminal cases are based on applicable laws and regulations; analyze and explain the weaknesses and challenges of confiscating assets in money laundering criminal cases; and analyze and explain the optimization of the Pre-Prosecution stage carried out by the Public Prosecutor in case Number 28 / Pid.B / 2023 / PN Mnk on behalf of the Convict Chandrawati Sutandang, SE The results of the study indicate that the Public Prosecutor in the a quo case has not optimized the pre-prosecution stage as an effort to confiscate assets owned by the defendant from the proceeds of his crime, by paying attention to the lack of supporting evidence that has a direct or indirect relationship to the assets or assets that have been confiscated as evidence, so that in this case it becomes a legal fact in the trial which the panel of judges uses as the Ratio Decidendi in making a decision regarding the return of all evidence belonging to the defendant.