Legal Literacy - Efforts to eradicate corruption are not sufficient only by imposing prison sanctions on each perpetrator, but more importantly, efforts to recover state financial losses caused by the act of corruption, which aims to recover assets. (asset recovery) for state financial losses carried out in an integrated manner at every stage of law enforcement. Therefore, it is important to study asset forfeiture in corruption cases, both through criminal and civil channels.

Provisions for Asset Forfeiture in the Anti-Corruption Law

Asset forfeiture, which is included in corruption handling that prioritizes the recovery of state financial losses, is explicitly stated in Article 18 paragraph (1) letter a Law Number 31 of 1999 concerning Eradication of Corruption (hereinafter referred to as the "Anti-Corruption Law") which basically regulates the confiscation of tangible or intangible movable goods or immovable goods used for or obtained from corruption, including companies owned by convicts where corruption is committed. The confiscation can also be imposed on the price of the goods.

The imposition of fines that are not paid by the convict can be carried out by confiscating assets that are assets or proceeds from corruption as regulated in Article 18 paragraph (1) letter a of the Anti-Corruption Law a quo.

In accordance with the provisions of Article 17 of the Anti-Corruption Law, it is explained that additional penalties in Article 18 a quo are not only applied to corruption crimes in Article 2 and Article 3 but can also be implemented for corruption crimes regulated in Articles 5 to 14 of the Anti-Corruption Law, as long as the corruption crime is carried out within the scope of state finances or the economy and results in state financial or economic losses or uses state finances or loss of state revenue and income.