IMPLIKASI HUKUM PENYITAAN ASET HASIL TINDAK PIDANA KORUPSI YANG HAK KEPEMILIKANNYA TELAH DIALIHKAN PADA PIHAK KETIGA

Abstract

Transfer of assets obtained from criminal acts committed by the perpetrators of corruption prevalent that aims to make the property is not known to exist by law enforcement officials. Perpetrators of corruption often divert the acquisition of such assets to a third party by using the legal instruments for the transfer of civil rights, so that investigators sometimes get legal obstacles if about to foreclosing on assets ownership rights have been transferred to third parties. Based on this background, the legal issues are: 1.) Are the assets acquired from the corruption that has transferred ownership rights to a third party to do foreclosure; and 2.) How is the status of civil rights of a third party as the holder of the right of ownership of the assets acquired from the proceeds of corruption. Theoretical basis used in the assessment relating to the research problem is Theory of Social Justice of John Rawls. To answer the problem formulated in this study, the authors used the type of normative juridical research, where legal research methods that will be used in this study is the legal research literature. The conclusions that can be drawn in this study are: 1.) The seizure of the objects related to a criminal act of corruption has been a legal requirement in order to enforce the law and justice, so that the act of confiscation of assets of crime committed against the assets of the perpetrator or assets who has switched ownership to a third party becomes very urgent, considering that in addition to the purposes of proof at trial, the evidence that seizure is also aimed at the recovery of financial losses caused by the state of corruption. 2.) The position of third parties in the mechanism of expropriation of assets through criminal law, in principle, the position of third parties are those parties other than the perpetrator / intellectual of a corruption cases, and with regard to confiscation aimed at assets that have been transferred to the The third then if the assets seized from a third party, the third party concerned shall prove that the acquisition of the asset acquisition is based on good faith.