Legal Analysis of the Implementation of Asset Recovery in Corruption Cases in Indonesia: Positive Law and International Law Perspectives
Keywords:
Corruption, Asset Recovery, Positive Law, UNCACAbstract
Corruption is one of the most complex and destructive crimes, not only harming state finances, but also hampering development and public trust in the legal system. Asset recovery is a strategic step aimed at restoring state losses due to corruption. This study analyzes the application of asset recovery in corruption cases in Indonesia from the perspective of positive law and international law. This study uses a normative juridical method with data sources in the form of primary legal materials, such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, Law Number 8 of 2010, and international instruments such as the United Nations Convention Against Corruption (UNCAC) which has been ratified by Indonesia through Law Number 7 of 2006.
The results of the study show that although the positive and international legal framework has provided a strong foundation, the implementation of asset recovery in Indonesia still faces challenges, such as the complexity of tracking cross-border assets, the lack of technical capacity of law enforcement officers, and suboptimal inter-agency coordination. In addition, obstacles in international cooperation mechanisms, such as mutual legal assistance (MLA), often slow down the asset recovery process. This study recommends the formation of a special task force for asset recovery, increasing the technical capacity of law enforcement officers, and reforming the domestic legal system to simplify asset recovery procedures. Transparency and accountability in the management of recovered assets should also be a priority to ensure direct benefits for the community. With a holistic and integrated approach, asset recovery can be a more effective tool in efforts to eradicate corruption in Indonesia
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