Implementation of Assets Confiscation in the Corruption Crime in Indonesia as Additional Criminals Based of Human Rights Perspective

Abstract

The confiscation of crime proceeds, or the assets confiscation is the root of very basic justice principle, where a crime should not provide benefits to the perpetrator (crime should not pay), or in other words, a person should not take advantage of the illegal activities he or she is doing. Confiscation of assets that are suspected of being unreasonable can be suspected of violating human rights. If the assets owned exceed the amount of their income, the perpetrator is obliged to prove that the assets were obtained legally. The research method used is normative, which examines and examines using laws and regulations. The result of the research is that the application of asset confiscation is not a violation of human rights. Human rights violations occur when it turns out that assets confiscated are not the result of a criminal act of corruption committed by the defendant. Illegal seizure of assets violates human rights which are the property of citizens. Violations of human rights are regulated in the 1945 Constitution and Law Number 39 of 1999 concerning Human Rights.