Implementation of Collateral Confiscation (Conservatoir Beslag) in Order to Manifest the Restoration of Assets Obtained from Corruption

Abstract

The purpose of this dissertation research is to study and analyze in detail: first, problems of restoration of assets obtained from corruption conducted by law enforcement officers. Second, the importance of the implementation of Collateral Confiscation in the corruption case handling system. Third, the model of Collateral Confiscation to increase the restoration of assets obtained from corruption in the Indonesian criminal justice system. The data used is secondary data and primary data. The results showed that the constraints affecting the difficulty of recovering assets from corruption caused by three factors. First, the institutional structure is not systemic, structurally weak law enforcement organizations. Attorney as an executor is still less than optimal at performing execution of subtitute money as asset recovery because of limited facilities and insfractructure, struggled to keep track of assets that have been transferred and hidden. Second, factor in the substantive law, namely the absence of legislation that supports the optimization of assets seizure suspected of corruption, differences in the perception of state finances, the calculation of losses that varied complicates the implementation of the restoration of state’s financial loss. Third, factor of cultural law of the society is still lacking and permissive by not reporting assets of the corruptor and even protect corruptor’s assets. In an effort to restore the state’s financial losses due to corruption, the role of Collateral Confiscation - used in civil law regime - can be applied to cases of corruption. The concept is intended for sequestration guarantees for compensation and fines from their bad faith by the perpetrators of corruption. The importance of implementing Collateral Confiscation is based on the embodiment welfare, justice, and legal certainty. In addition, there is a causal relationship of implementation of Collateral Confiscation with the principles of legal protection in terms of restoration of state’s financial loss caused by corruption. As a model that is offered, it is expected that the concept of Collateral Confiscation is included in the process of revision of the Law on Corruption Eradication. In implementation, Collateral Confiscation enforced at the beginning of the judicial process (the investigation stage), ends until there is a court ruling that has permanent legal force (inkracht). Supporting facilities are also needed, namely the existence of depository institutions and asset administrators to better utilize and secure the country's financial losses. The institute also acts as a system integrator of the various law enforcement agencies that perform similar functions.

Keywords: Collateral Confiscation (Conservatoir Beslag), Restoration of Assets (Asset Recovery), Corruption.