Legal Principle on Confiscation of Corruptor Asset According to the Indonesia Law on Money Laundering in Indonesia Criminal Legal System

Abstract

At this present corruption case is an issue that become public consumption everyday, starting from corruption case in local level until national level. It prove that level corruption case in Indonesia in the high rank. Extra ordinary criminal sanction and effort on corruption suspect to be poor by the implementation of Anti-Money Laundering Law in fact it can’t make other party to be deterrent to conduct corruption in the other time and place. On the other hand, many corruption actors feel that themselves is conducted unfair in the due process of law, also they feel have no access to justice. There are many corruption cases that the corruptor had been imposed by heavy sanction in every legal process but the sanction not equal with their conduct. This phenomenon that should be avoided by all parties whereas the crime is not equal with the legal sanction. On the other hand, the corruptor is a human being that should be respected on their human right. This matter is a main background for the author to conduct a research within refer to any legal issues, first legal issue is relate to how the legal principle of The Anti-Money Laundering Law in case of confiscation of corruptor asset either in international law or national law?,  and the second legal issue is relate to how the legal concept of confiscation of corruptor asset according to Indonesia Criminal Justice system?. Those issues has two main purposes, first to analize and finding legal principle of confiscation asser refer to Indonesia’s Anti-Money Laundering Law (“UU TPPU”), and second thing are analize and to find legal concept of confiscation asset based on Justice Principle. In the future, law enforcement should respect to the human right values, and the impose on criminal legal sanction with confiscate of corruptor asset should prove of the predicate crime.

Keywords: Legal Principle, Confiscation of Corruptor Asset, Indonesia, Criminal Legal System