Resolving execution of judgment in Indonesia investment fraud case to ensure asset recovery for victims

In response to investment fraud, the criminal justice system should place the victim at the centre, considering their financial loss. Indonesia has responded by establishing asset recovery for victims; however, there are signs of stagnation in its execution. This study aims to explain the causes and solutions to such stagnation so that victims can benefit from the justice system. This study uses a case study and statutory approach to analyse the operation of execution provisions in asset recovery. A case in the city of Cirebon (West Java Province) was selected because the execution has not been completed despite having been initiated since 2017 to prevent similar failures, as Indonesian courts have now tended to favour asset recovery. Primary data were obtained from interviews with officers directly involved in the execution of the case, supplemented by secondary data obtained through regulatory analysis and a literature study. This article discloses the serious problems in asset liquidation faced by executing agencies, as perpetrators have already completed their prison terms, even though victims have yet to receive their entitlements. Prolonged stagnation has led to the perception that access to asset recovery is non-executable. This study offers a solution towards synchronising regulations and empowering the resources of the criminal justice system more optimally.

Authors

Publication Details

Journal
Revista Criminalidad
Published
2024-12-13
DOI
https://doi.org/10.47741/17943108.663
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Resolving execution of judgment in Indonesia investment fraud case to ensure asset recovery for victims

Sri Wahyu Handayani, Dwiki Oktobrian, Kuat Puji Prayitno, Tedi Sudrajat
Revista Criminalidad
Indonesian Legal and Regulatory Studies
article

Resolving execution of judgment in Indonesia investment fraud case to ensure asset recovery for victims

Sri Wahyu Handayani, Dwiki Oktobrian, Kuat Puji Prayitno, Tedi Sudrajat
article en

Abstract

In response to investment fraud, the criminal justice system should place the victim at the centre, considering their financial loss. Indonesia has responded by establishing asset recovery for victims; however, there are signs of stagnation in its execution. This study aims to explain the causes and solutions to such stagnation so that victims can benefit from the justice system. This study uses a case study and statutory approach to analyse the operation of execution provisions in asset recovery. A case in the city of Cirebon (West Java Province) was selected because the execution has not been completed despite having been initiated since 2017 to prevent similar failures, as Indonesian courts have now tended to favour asset recovery. Primary data were obtained from interviews with officers directly involved in the execution of the case, supplemented by secondary data obtained through regulatory analysis and a literature study. This article discloses the serious problems in asset liquidation faced by executing agencies, as perpetrators have already completed their prison terms, even though victims have yet to receive their entitlements. Prolonged stagnation has led to the perception that access to asset recovery is non-executable. This study offers a solution towards synchronising regulations and empowering the resources of the criminal justice system more optimally.

Revista CriminalidadVol. 66(3)
Openalex Percentile: Top 56%
Indonesian Legal and Regulatory Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.