Social Justice of Corruption Crime Act in Civil Forfeiture Model

Abstract

Reconstruction of Civil Forfeiture is needed to improve justice in society. This research was conducted to seek a newly way of seizing the State assets from the corruption crimes in Indonesia. The courts could increase the return of State assets. Reconstruction of civil forfeiture is to take over the stolen asset recovery of corruption. Identification of the weaknesses of Indonesia criminal law led this research to reconstruct civil forfeiture. Thus, data obtained revealed the weaknesses in regulating the seizure of assets possessed by perpetrators of corruption crimes through civil forfeiture. The increasing return of State financial losses in the Mutual Legal Assistance (MLA) showed the changes of orientation from punishment to assets. With the reconstruction of civil forfeiture needs the Justice Based State Finance model to increase the returns of State financial losses. The reconstruction offers the dignified value-based justice crime that makes the government has an opportunity to take over assets. Data analysis concluded that the Indonesian criminal law has a good possibility to be reconstructed by the Justice Based State Financial Loss for improving the civil forfeiture instruments.