Due Process of Law in the Process of Asset Forfeiture in the Crime of Money Laundering Derived from Corruption Crime Hanifah Azizah* Topo Santoso* Yunus Husein* Mahmud Mulyadi
Universitas Sumatera Utara* Universitas Indonesia
Abstract
Corruption is an extraordinary crime that has created an emergency condition in Indonesia. Based on the Corruption Perception Index, Indonesia ranks at the bottom, indicating that Indonesia is in a corruption emergency. Corruption is a predicate crime that can then lead to money laundering crime. These two crimes are also called extra ordinary crime and transnational crime, therefore they must be dealt with in an extraordinary way as well. Therefore, it is necessary to seize assets in money laundering crimes originating from corruption crimes. Some of the main problems that will be discussed are how is the legal framework for asset forfeiture in the case of money laundering that begins with a criminal act of corruption? Then, how is the criminal law policy for asset forfeiture that can guarantee Due Process of Law? The purpose of this research is to answer these research problems. This research uses normative juridical method with statutory, case, and conceptual approaches. The result of the research is that the legal framework for asset forfeiture in the case of money laundering that begins with the crime of corruption in the current criminal justice system is still not spearheaded and does not seem to be running well. A good framework is to maximise the legal system in law enforcement with certainty. The criminal law policy for asset forfeiture that can guarantee the expected Due Process of Law is that asset forfeiture is carried out to all cronies involved in corruption, without exception to the family, and the death of the suspect or defendant does not cancel the obligation to return assets to the state. This needs to be maximised in order to reduce the number of state financial losses due to corruption and money laundering crime.
Keywords: Asset Forfeiture- Corruption- Due Process of Law- Money Laundering
