CRIMINAL LAW POLICY ON THE CONFISCATION OF ASSETS DERIVED FROM CORRUPTION IN THE PERSPECTIVE OF JUSTICE AND STATE LOSS RECOVERY

Abstract

Extraordinary crimes can cause major losses to state finances and hinder national development, one of which is the crime of corruption. The punishment imposed on corruption offenders has not been fully capable of restoring state losses because assets derived from corruption are often transferred, laundered through various modes, and concealed. Therefore, criminal law policy regarding asset confiscation becomes an important instrument in combating corruption. This study aims to analyze criminal law policy on the confiscation of assets derived from corruption from the perspective of justice and recovery of state losses through a study of Decision Number 95/Pid.Sus-TPK/2021/PN.Smg in the name of Asri Murwani. The research method used is normative juridical with statutory and case approaches. The Corruption Eradication Law serves as a comprehensive reference regarding asset confiscation policy in Indonesian positive law, although its implementation still faces obstacles in asset tracing, proof, and execution. From the perspective of justice, asset confiscation not only functions as a form of punishment for perpetrators but also as a means of restoring the rights of the state and society. Therefore, strengthening regulations and optimizing asset recovery mechanisms are necessary to support the effectiveness of corruption eradication in Indonesia.