Prosecutors' Authority in Implementing Asset Confiscation Through the Conviction-Based Asset Forfeiture Mechanism

This study aims to analyze the construction of the prosecutor's authority as dominus litis in the implementation of conviction-based asset forfeiture, as well as reconstruct a prosecution system that is able to integrate the functions of punishment and recovery of state assets. This study is normative legal research. The results of the study indicate that the implementation of conviction-based asset forfeiture in the Indonesian legal system is still within the paradigm of conviction-centered prosecution that places asset recovery as a further consequence of the punishment of the perpetrator. Based on these findings, this study reconstructs the prosecution system through the Recovery Prosecution and Asset Control Model (RPACM), a model that integrates the functions of prosecution, asset control, asset protection, asset confiscation, and asset recovery in one coordinated and sustainable system. The novelty of this study lies in the development of RPACM as a modern prosecution model that shifts the orientation of law enforcement from conviction-centered prosecution to recovery-oriented prosecution by placing asset recovery and state restoration as the main indicators of successful law enforcement.

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Publication Details

Journal
Jurnal Hukum
Published
2026-10-29
DOI
https://doi.org/10.26532/he31bz60
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Prosecutors' Authority in Implementing Asset Confiscation Through the Conviction-Based Asset Forfeiture Mechanism

Naser Al-Sherman, Yudhi Taufiq Nur Hidayat, Usman Usman, Akbar Kurnia Putra et al.
Jurnal Hukum
Indonesian Legal and Regulatory Studies
article

Prosecutors' Authority in Implementing Asset Confiscation Through the Conviction-Based Asset Forfeiture Mechanism

Naser Al-Sherman, Yudhi Taufiq Nur Hidayat, Usman Usman, Akbar Kurnia Putra, Albertus Roni Santoso
article en

Abstract

This study aims to analyze the construction of the prosecutor's authority as dominus litis in the implementation of conviction-based asset forfeiture, as well as reconstruct a prosecution system that is able to integrate the functions of punishment and recovery of state assets. This study is normative legal research. The results of the study indicate that the implementation of conviction-based asset forfeiture in the Indonesian legal system is still within the paradigm of conviction-centered prosecution that places asset recovery as a further consequence of the punishment of the perpetrator. Based on these findings, this study reconstructs the prosecution system through the Recovery Prosecution and Asset Control Model (RPACM), a model that integrates the functions of prosecution, asset control, asset protection, asset confiscation, and asset recovery in one coordinated and sustainable system. The novelty of this study lies in the development of RPACM as a modern prosecution model that shifts the orientation of law enforcement from conviction-centered prosecution to recovery-oriented prosecution by placing asset recovery and state restoration as the main indicators of successful law enforcement.

Jurnal HukumVol. 42(4)
Universitas Jambi (ID), Universitas Dian Nuswantoro (ID), American University in the Emirates (AE)
Openalex Percentile: Top 4%
Indonesian Legal and Regulatory Studies
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Prosecutors' Authority in Implementing Asset Confiscation Through the Conviction-Based Asset Forfeiture Mechanism — Naser Al-Sherman, Yudhi Taufiq Nur Hidayat, et al. · Jurnal Hukum (2026) | TGRS Research Map | TGRS