Proses Perampasan Aset Tanpa Melalui Putusan Pengadilan Pidana Oleh Komisi Pemberantasan Korupsi (KPK) Terhadap Hasil Tindak Pidana Korupsi

Abstract

Corruption is a criminal act that causes state financial losses and hinders national development. The return of assets resulting from corruption often encounters obstacles when the perpetrator dies, flees, or cannot be prosecuted criminally, making the mechanism for asset confiscation based on a court decision less effective. This study aims to analyze the legal status of asset confiscation without a criminal court decision by the Corruption Eradication Commission (KPK) regarding the proceeds of corruption and its implementation mechanism in the Indonesian legal system. This study uses a normative legal research method with a statutory and conceptual approach analyzed descriptively qualitatively. The results show that the concept of Non-Conviction Based Asset Forfeiture has gained legitimacy through the United Nations Convention Against Corruption, which Indonesia has ratified, but its regulation in national law is not yet comprehensive. The authority of the KPK is still limited to tracing, confiscating, and securing assets, while permanent confiscation without a criminal verdict does not have an explicit legal basis. Current mechanisms only utilize temporary confiscation instruments, civil lawsuits, and provisions on money laundering. This study concludes that it is necessary to establish special regulations regarding the confiscation of assets without a criminal conviction to support the effective recovery of state losses while still ensuring legal certainty, justice, and protection of human rights.