Legal Development Through the Implementation of Non-Conviction Based Concepts in Money Laundering Asset Recovery Practices in Indonesia

DOI

10.2991/assehr.k.211112.066How to use a DOI?

Keywords

Non-Conviction Based Concept; Asset Recovery; Legal Reform in the Money Laundering Crime Sector

Abstract

The high number of cases of money laundering crime appear an idea to implement a new legal concept, namely the confiscation of assets without punishment (Non-conviction based asset forfeiture), which is called NCB with the aim of recovering state losses (Asset Recovery) from money laundering crime. However, in Indonesia itself, the laws and regulations governing money laundering crime still haven’t provided a solid legal basis for foreclosure and confiscation of assets proceeds of crime. So that, for the implementation of the NCB concept, it is feared that it will cause confusion in law enforcement regarding the violation of the rights of suspects and other aspects of the criminal procedure law in effect in Indonesia. Therefore, the main objective of this study focuses on the analysis related to the urgency of implementing the NCB concept in the practice of asset recovery for money laundering crime in Indonesia and how the essence of protection of the rights of suspects in the context of development and legal reform in Indonesia. In this research, the method used is normative juridical using statutory, conceptual, and historical approaches. The results of the research present an idea in efforts to develop and reform the law in Indonesia, namely in the field of money laundering crime. It is because the rapid development of information technology makes it easier for perpetrators to hide money or assets from their crimes or criminal acts. In relation to the protection of the suspect’s rights, the NCB concept actually doesn’t violate the principle of presumption of innocence because it uses a civil process, which is focused on how to determine whether or not ownership of an asset is legal and explain how the perpetrators of the crime obtain ownership of it. The defendant, as the owner of the asset, is given the opportunity to prove the ownership of the asset.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Ana Fauzia
AU  - Fathul Hamdani
PY  - 2021
DA  - 2021/11/23
TI  - Legal Development Through the Implementation of Non-Conviction Based Concepts in Money Laundering Asset Recovery Practices in Indonesia
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 506
EP  - 513
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.066
DO  - 10.2991/assehr.k.211112.066
ID  - Fauzia2021
ER  -