PEMINDAHAN ASET KORUPTOR DARI SINGAPURA KE INDONESIA MELALUI BANTUAN TIMBAL BALIK DALAM MASALAH PIDANA (MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS)

WIJI HASTUTI, NIM. 17103040057 (2021) PEMINDAHAN ASET KORUPTOR DARI SINGAPURA KE INDONESIA MELALUI BANTUAN TIMBAL BALIK DALAM MASALAH PIDANA (MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Reciprocal assistance in criminal matters basically arises as an effort to overcome various transnational crimes, one of which is the seizure of assets resulting from corruption that is carried out outside the jurisdiction of the relevant country. Indonesia implements reciprocal assistance through The Law of the Republic of Indonesia Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters and Law of the Republic of Indonesia No. 15 of 2008 concerning ratification of treaty on Mutual Legal Assistance in Criminal Matters. The definition of reciprocal assistance in criminal matters according to Law No. 1 of 2006, is a request for assistance relating to invest igation, prosecution, and examination at court hearings in accordance with the provisions of the State Of Requested legislation. Although there are already legal instruments that govern it, but it is still not enough to solve the problem of transferring corrupt assets from Singapore to Indonesia because of the specifics of the arrangement, therefore, it needs to be examined more deeply about the consequences and influence on the process of carrying out the transfer of corrupt assets. This research is included in library research by taking a normative juridical approach to analyze the transfer of corrupt assets from Singapore to Indonesia through mutual legal assistance in criminal matters. The author uses qualitative analysis method by collecting secondary data in the form of laws, books, journals, and other documents related to the transfer of corrupt assets. This research is descriptive analytics to describe the suitability of the process of transferring corrupt assets from Singapore to Indonesia with the provisions of existing laws and regulations. Based on the research conducted, it can be concluded that the transfer of corrupt assets in general begins with tracking / tracing, blocking / freezing, expropriation, and return and transfer of assets. In Law No. 1 of 2006, procedural arrangements for the transfer/seizure of assets are only contained in Article 22 and Article 23. It is mentioned that, the Attorney General submitted an application to the Minister of Law and Human Rights as the central authority (central authority) to forward the request for assistance to the Requested State after a court ruling that has a permanent legal force that one of its warnings ordered the seizure of assets against confiscated goods, criminal fines, or payment of replacement money to the Requested State.

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