Asset Forfeiture Laws in Corruption Cases to Safeguard the Constitutional Rights of Third Parties Under Articles 28d (1) and 28h (2) of the 1945 Constitution of the Republic of Indonesia
Year: 2026
Type: article
Abstract: Indonesia is a state based on law under Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia; however, corruption still occurs. Asset forfeiture is an important instrument, but in practice it may harm non-offending third parties through over-seizure, normative gaps, a disproportionate burden of proof, and stigma. Article 28D paragraph (1) and Article 28H paragraph (2) of the 1945 Constitution guarantee protection, fair legal certainty, and special treatment. This study is normative or doctrinal legal research, examining library materials or secondary data. The conclusion is that the legal framework for asset forfeiture contains disharmony and normative gaps regarding non-offending third parties. Therefore, reconstruction of the Asset Forfeiture Bill is needed through a separate chapter on procedural law for third-party protection, containing good-faith criteria, procedures and time limits for filing objections, a balanced allocation of the burden of proof, the right to further legal remedies, and the application of due process of law, so that state asset recovery does not sacrifice the constitutional rights of third parties.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225324778