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PROSES PEMBENTUKAN UNDANG - UNDANG PERAMPASAN ASET PADA TINDAK PIDANA PENCUCIAN UANG
In Indonesia, several criminal provisions already exist that provide for the possibility of forfeiture of criminal assets and instrumentalities. However, under these provisions, forfeiture can only be carried out after the perpetrator has committed the act. One of the efforts to overcome the crimes committed is seen in the spirit of the Draft Law on Asset Forfeiture. The discussion of the Draft Law on Asset Forfeiture has been long or difficult. For almost a decade the government has been drafting the Draft Law on Asset Forfeiture until now it has not been finalized. This research is a normative juridical research using statute approach, conceptual approach and comparative approach. The material analysis technique uses inductive descriptive which is arranged simply and systematically into concrete data regarding the Formation Process of the Asset Forfeiture Law in the Crime of Money Laundering. Furthermore, the data is analyzed using the perspective of siyasah dusturiyah. He results of this study conclude: first, the causes of the lengthy ratification of the Draft Law on Asset Forfeiture are due to the Government and Political Parties as well as several controversial articles in the Draft Law on Asset Forfeiture. Second, institutionally, the formation of the Asset Forfeiture Law is in accordance with what is in the concept of siyasah dusturiyah. In line with the above conclusions, the author suggests: first, emphasizing the Government and the DPR to seriously discuss the Draft Law on Asset Forfeiture. Second, ocialize massively to the public so that this law can be effectively implemented.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 20103070130 Ardella Qurrotul Aini Albab
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