According to Article 10 of the Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, guarantee confiscation is a confiscation carried out on part or all of the debtor's assets to protect the interests of creditors.

The guarantee confiscation will end as soon as the judge decides on bankruptcy or Permanent Suspension of Debt Payment Obligations (PKPU). As soon as the judge decides on bankruptcy, a general confiscation automatically applies to all assets belonging to the debtor.

The purpose of general confiscation is almost the same as the purpose of civil confiscation in general, namely to prevent the debtor from committing actions that are detrimental to his creditors, such as hiding or embezzling assets, it's just that there is one specific purpose of bankruptcy, namely to prevent the seizure of the debtor's assets by creditors.

Confiscation according to the Criminal Procedure Code, Article 1 number 16 of the Criminal Procedure Code states that “confiscation is a series of investigator actions to take over and or store under his control movable or immovable objects, tangible or intangible for the purposes of evidence in investigation, prosecution and trial”. From the definition regulated in Article 1 number 16 of the Criminal Procedure Code, confiscation has two forms of action, namely taking over and storing under control. The act of taking over is interpreted as a legal act, while the act of storing under control is interpreted as a material or physical act.

Confiscation in criminal law is a confiscation carried out on movable / immovable goods belonging to someone, to obtain evidence in a criminal case. Confiscation is a series of investigator actions to take over and / or store under his control movable or immovable objects, tangible or intangible for the purposes of evidence in investigation, prosecution and trial.

Based on Article 39 paragraph (1) of the Criminal Procedure Code, the objects that can be subject to confiscation are:

  1. Objects or bills of suspects or defendants that are wholly or partly suspected of being obtained from criminal acts or part of the proceeds of criminal acts;
  2. Objects that have been used directly to commit a criminal act or to prepare it;
  3. Objects that are used to obstruct the investigation of a criminal act;
  4. Objects that are specifically made or intended to commit a criminal act;
  5. Other objects that have a direct relationship with the criminal act committed.