CD Skripsi
Gagasan Pengaturan Hukum Tentang Peningkatan Kekayaan Pejabat Publik Secara Tidak Sah (Illicit Enrichment) Di Indonesia
The absence of rules related to Illicit Enrichment is a setback considering that the crime is always evolving and the effects are very large because it is carried out systematically, structured, especially when talking about corruption. This paper will discuss two important things, namely First, What is the impact of the absence of rules and the importance of the provisions of increasing the wealth of public officials illegally (Illicit Enrichment) included in Indonesian national law in order to maximise asset recovery. Second, How is the ideal concept of legal regulation of the unlawful increase in the wealth of public officials in Indonesia. Therefore, the purpose of this thesis research is to provide a critical note regarding the urgency of implementing Illicit Enrichment in Indonesia.
This type of research is normative juridical on secondary data, with a case approach, using a qualitative method of analysis, then the author draws conclusions deductively bridged by existing theories. From the results of the problem research, there are two main things that can be concluded. First, the impact of the absence of rules related to Illicit Enrichment in Indonesia, among others, fosters the practice of corruption and money laundering, fosters cross- border crimes, and law enforcement officials have difficulty in carrying out asset forfeiture. Based on the absence of this rule, it is important to apply the Illicit Enrichment norm in order to maximise asset recovery for the purpose of strengthening the position of the Corruption Law and the Money Laundering Law, recovering or replacing state losses due to corruption by public officials, and increasing the effectiveness of LHKPN so that it is not only a formality.
Second, the ideal concept of legal regulation related to Illicit Enrichment in Indonesia has begun to be answered through the "follow the money" approach and implementing NCB asset forfeiture by proposing impoverishment of corruptors. Indonesia has ratified UNCAC 2003 through Law No. 7/2006 with rationality and proportionality, so it is appropriate to harmonise rigid criminal offence regulations and clear limits related to Illicit Enrichment in the Law. Parliament and the government should immediately issue a draft Illicit Enrichment Law. Then ensure the existence of criminalisation rules for Illicit Enrichment. In addition, the House of Representatives should immediately propose revisions to the Corruption Act, the Money Laundering Act, alignment with other relevant laws and regulations and the revisions should be made in line with UNCAC regulations.
Keywords: Corruption Crimes – Illicit Enrichment –Asset Recovery
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