Barriers and solutions to cross-border asset recovery

Abstract

PurposeThis study aims to first analyze the inhibiting factors for cross-border asset recovery and, second, analyze the solutions to any barriers to cross-border asset recovery.Design/methodology/approachThis study was normative legal research with legal materials collected by document studies and literature studies. This study used a statute approach and a conceptual approachFindingsFirst, the inhibiting factors for cross-border asset recovery are regulation-related issues, lack of mutual legal assistance and extradition treaties, differences in legal systems and the interests of the country, where the assets are placed. Second, the solutions to the barriers to cross-border asset recovery are regulatory reforms and diplomacy strengthening.Research limitations/implicationsThis study found some barriers and solutions to cross-border asset recovery. These can provide inspirations for subsequent studies to be reviewed in more depth.Practical implicationsThis study will be very useful for the Indonesian Government to formulate effective and efficient policies related to cross-border asset recovery.Social implicationsWith effective and efficient policies related to cross-border asset recovery, it can prevent criminals from hiding their criminal assets abroad.Originality/valueTo the best of the author’s knowledge, until now, there has been no study that comprehensively discloses the barriers and solutions related to the failure of the Indonesian Government to conduct cross-border asset recovery. Therefore, it is expected that this study will be very useful for the Indonesian Government and other researchers to conduct further studies on this issue.