De Facto Asset Recovery Regime: Assessing Fragmented Law Enforcement in Asset Recovery of The Mega Corruption Case in The Tin Trade System

Abstract

Through the mega-corruption case of the tin trade, the state demonstrated the existence of a de facto asset recovery regime. Although the legal instruments used were fragmented—a partial combination of the Criminal Procedure Code (KUHAP), the Corruption Law (Tipikor), and the Money Laundering Law (TPPU)—their execution in the field proved capable of recovering assets amounting to nearly Rp1 trillion through the auction of confiscated goods from one of the main actors, Harvey Moeis. This study analyzes this phenomenon using the triangle with an axis theory, reconstructed through the institutional synergy of the Financial Transaction Reports and Analysis Center (PPATK), the Corruption Eradication Commission (KPK), the Prosecutor's Office, and the Police. This theory is used to examine how fragmented law enforcement collaboration without a single law can still produce massive asset recovery output. Using normative legal research methods and a sociological legal approach, this article assesses the extent to which this "patchwork" law enforcement can effectively recover state losses while severing the financial lifeblood of structured corruption networks. The research findings show that while de facto effective at the downstream actor asset execution level through the power of financial intelligence data integration, this fragmented regime still has fundamental limitations in reaching and crippling intellectual dandies at the upstream level without a unified, independent asset forfeiture regulation.