Utilization of Mutual Legal Assistance as a Cooperation Framework for Confiscation of Assets Proceeds of Criminal Acts Abroad

DOI

10.2991/978-2-38476-315-3_54How to use a DOI?

Keywords

Confiscation of Assets; Mutual Legal Assistance; Transnational Crime

Abstract

Indonesia confronts a multitude of transnational offenses that persistently expand, including human trafficking, human smuggling, corruption, and money laundering. Law enforcement authorities often encounter criminals who deliberately obscure the origin of their income in order to avoid being detected. Money laundering poses a significant risk to both economic and social stability, in accordance with the principles of Pancasila and the 1945 Constitution. The law pertaining to the seizure of assets derived from illegal activities is a crucial legal matter. Despite the presence of multiple mechanisms, such as collaboration between law enforcement authorities and reciprocal legal assistance, this rule has demonstrated ineffectiveness. The implementation of Law Number 8 of 2010 on the Eradication of Money Laundering and Law Number 1 of 2006 about Mutual Legal Assistance regularly encounters bureaucratic and technical challenges. This study employs normative legal methodologies, including the analysis of statutes, case law, and comparative techniques. This study examines the jurisdiction of the Indonesian Prosecutor’s Office in asset seizure, both within the country and abroad, and investigates the application of Mutual Legal Assistance (MLA) in this specific context. The findings indicate that although there is a robust legislative structure in place, the intricate bureaucracy and insufficient resources frequently impeded the execution of the framework. Hence, it is imperative to enhance laws, bolster international collaboration, and foster the development of human resource capacity. The research findings indicate that enhancing the authority of the Indonesian Prosecutor’s Office and streamlining bureaucratic procedures are crucial for ensuring the efficacy of asset confiscation. In order to enhance the process of recovering assets, it is imperative that we persist in improving current legislation and addressing any hindrances that may arise. Ultimately, achieving effective asset confiscation through MLA necessitates significant advancements in rules and bureaucracy. These improvements are crucial for combating international crime and ensuring the preservation of economic and social stability.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Fiyulia Hartini Putri
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/12/24
TI  - Utilization of Mutual Legal Assistance as a Cooperation Framework for Confiscation of Assets Proceeds of Criminal Acts Abroad
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 400
EP  - 406
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_54
DO  - 10.2991/978-2-38476-315-3_54
ID  - Putri2024
ER  -