ANALISIS YURIDIS RECOVERY ASSET MELALUI TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI

Abstract

Eradication of criminal acts of corruption is the main agenda that must be held. Asset recovery
in corruption is the process of handling assets from the proceeds of corruption at every stage of
law enforcement, so that the value of these assets can be maintained and returned to the state. In
Law No. 8 of 2010 Concerning the Prevention and Eradication of Money Laundering, there is a
policy related to the law on eradicating corruption and other similar laws, namely with the sole
aim of narrowing down the occurrence of corruption. This means that the presence of the Law on
Money Laundering is an attempt to assist the operation of the Law on Corruption Eradication.
The purpose of this study is to offer an effective and efficient strategy in returning state assets
from corruption through money laundering and to find out the construction of the judge's thinking
in examining and deciding money laundering cases on corruption as the predicate crime.
An effective and efficient strategy in efforts to recover assets from the proceeds of corruption
through money laundering is to combine charges of corruption with money laundering.
Accumulating criminal acts, indictments are not combined with alternative or subsidiary forms
and returning assets from the proceeds of criminal acts of corruption can be carried out through
criminal or civil instruments. The judge's thinking construction regarding evidence that has been
used in other crimes that have permanent legal force (BHT) cannot be used as evidence in other
crimes. The formulation of the crime of money laundering as a supplementary crime of corruption
(predicate crime) needs to be given the same serious attention as proving that corruption is a
predicate crime. The unpaid payment for the purchase of an asset becomes a consideration for the
Panel of Judges that the asset is confiscated for the state.
Research in making effective and efficient indictment formulations to optimally return state

assets needs to be carried out also for the future. Researchers hope that there will be more in-
depth research on efforts to return state assets from the proceeds of criminal acts of corruption

through money laundering and other efforts as well as research in making effective and efficient
indictment formulations. Efforts to return state assets outside the criminal corridor must be a more
serious concern to be carried out.
Keywords: Asset Recovery, -Criminal Corruption, -Money Laundering Crimes