Optimizing Non-Conviction-Based Asset Forfeiture in Indonesia: Strengthening the Legal Framework for Criminal Asset Recovery

Criminal asset forfeiture is an important instrument for eliminating the economic benefits of crime and strengthening asset recovery. However, Indonesia's existing forfeiture mechanisms remain largely dependent on criminal proceedings and are fragmented across sectoral legislation, creating limitations when an offender cannot be prosecuted or a criminal conviction cannot be obtained. This study aims to examine the limitations of Indonesia's existing legal framework and formulate an optimized framework for Non-Conviction-Based Asset Forfeiture (NCB Asset Forfeiture) to strengthen criminal asset recovery. This normative legal study employs statutory, conceptual, case, and comparative approaches, with Switzerland and the Philippines serving as comparative jurisdictions. The findings demonstrate that Indonesia already has several mechanisms with NCB characteristics, particularly within the anti-money laundering regime, but lacks a comprehensive, autonomous, and uniform framework. Optimizing NCB Asset Forfeiture requires an independent in rem proceeding, clearly defined evidentiary standards, judicial oversight, protection of bona fide third parties, proportionality, and a transparent and accountable asset management system. Such a framework is necessary to enhance the effectiveness of criminal asset recovery while maintaining legality, due process of law, and protection of property rights.

Authors

Institutions

Publication Details

Journal
Greenation International Journal of Law and Social Sciences
Published
2026-10-28
DOI
https://doi.org/10.38035/gijlss.v4i4.1495
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

Optimizing Non-Conviction-Based Asset Forfeiture in Indonesia: Strengthening the Legal Framework for Criminal Asset Recovery

Azkiya Pamungkas Rosadi, Rofi Zaidan Mubarok Rosadi, Aditya Rachman Rosadi
1 links
Greenation International Journal of Law and Social Sciences
Indonesian Legal and Regulatory Studies
article

Optimizing Non-Conviction-Based Asset Forfeiture in Indonesia: Strengthening the Legal Framework for Criminal Asset Recovery

Azkiya Pamungkas Rosadi, Rofi Zaidan Mubarok Rosadi, Aditya Rachman Rosadi
article en

Abstract

Criminal asset forfeiture is an important instrument for eliminating the economic benefits of crime and strengthening asset recovery. However, Indonesia's existing forfeiture mechanisms remain largely dependent on criminal proceedings and are fragmented across sectoral legislation, creating limitations when an offender cannot be prosecuted or a criminal conviction cannot be obtained. This study aims to examine the limitations of Indonesia's existing legal framework and formulate an optimized framework for Non-Conviction-Based Asset Forfeiture (NCB Asset Forfeiture) to strengthen criminal asset recovery. This normative legal study employs statutory, conceptual, case, and comparative approaches, with Switzerland and the Philippines serving as comparative jurisdictions. The findings demonstrate that Indonesia already has several mechanisms with NCB characteristics, particularly within the anti-money laundering regime, but lacks a comprehensive, autonomous, and uniform framework. Optimizing NCB Asset Forfeiture requires an independent in rem proceeding, clearly defined evidentiary standards, judicial oversight, protection of bona fide third parties, proportionality, and a transparent and accountable asset management system. Such a framework is necessary to enhance the effectiveness of criminal asset recovery while maintaining legality, due process of law, and protection of property rights.

Greenation International Journal of Law and Social SciencesVol. 4(4)
Universitas Gadjah Mada (ID), Universitas Airlangga (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
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.

Laika access coming soon