Confiscation of Corruptor Assets Based UU 8 Year 2010 about Prevention and Eradication Of Money Laundering In National Criminal Law System

• Main Authors: Rihantoro Bayuaji, M. Hidayat
• Format: Article
• Language: English
• Published: Law Faculty Merdeka University Surabaya 2017-11-01
• Series: Yurisdiksi: Jurnal Wacana Hukum dan Sains
• Subjects: Princip les , Confis cation of Co rruptor As sets , Indones ia's Criminal Law Sys tem
• Online Access: http://yurisdiksi.org/index.php/yurisdiksi/article/view/5

Confis cation of corruptor ass ets cannot be performed arbitra rily. It mus t adhere to the s pirit of the TPPU Law, which means that law enfo rce ment officers in s eizing as s ets of the offender is s till obliged to refer to the philos ophy of TPPU La w to track the wealth of crimes . It means the Confis cation of ass ets us ing legal instruments  of TPPU law s hall be proven in predicate crime . Related to principle of jus tice, corruption  cas e happened to Irjend. Pol. DjokoSus ilo is one exa mp le whos e ass ets were deprived  under the pretext of us ing the TPPU La w as a bas is for confis cation which ultimately  deprived. However,  it turned out that in the law enforcement process , some of his as s ets could not be proven to obtained from a crime  o r not. Obvious ly  law enfo rce ment  clearly  cras hed  human  values , and  Human  Rights  (HAM), which in fact the whole values are part of the value of jus tice, es pecially the dignified jus tice that is part of the Pancas ila philos ophy. In the future, la w enforce ment obliged to res pect human rights .