THE ROLE OF ASSET TRACING IN COMBATING CORRUPTION IN INDONESIA: CHALLENGES AND LEGAL FRAMEWORK

Authors

  • Tri Rachmawati Universitas Bandar Lampung
  • Abdul Aziz Universitas Bandar Lampung
  • Yenny Marthalena Universitas Bandar Lampung
  • Defrizal Defrizal Universitas Bandar Lampung
  • Habiburahman Habiburahman Universitas Bandar Lampung

Keywords:

Asset Tracing, Corruption, Legal Framework, Indonesia, Asset Forfeiture

Abstract

This article examines the role of investigators in tracing assets to recover state losses resulting from corruption in Indonesia. Recognizing corruption as a severe crime that undermines societal and national well-being, the study employs a normative juridical and empirical approach to identify asset forfeiture mechanisms under existing laws, including seizure and blocking. The research highlights that the success of asset tracing is influenced by legal substance, legal structure, and legal culture. It also discusses the legislative framework supporting the recovery of state losses, such as the Anti-Corruption Law and the Anti-Money Laundering Law. The study underscores the challenges in asset tracing, including low public sector salaries, cultural factors, poor management, and the impact of modernization. To address these obstacles, alignment within the three components of the legal system is essential. The conclusion emphasizes the authority of the Indonesian National Police (POLRI) to seize assets as evidence in corruption cases and the importance of legal system coherence to facilitate effective investigations.

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Published

2023-09-20