Islamic Law Analysis of the Prosecutor's Authority in Asset Forfeiture from Corruption

The crime of corruption in Indonesia is regulated by Law Number 31 Year 1999 on the Eradication of Corruption, which was later updated by Law Number 20 Year 2001. This research aims to legally discuss the application of death penalty and asset forfeiture in corruption cases, by considering the principle of justice. The research uses a normative juridical method, in which data is collected from various applicable legal regulations, and the results are presented descriptively-analytically. Although the death penalty is regulated in Indonesian positive law, until now its implementation in corruption cases has never been realized. As a result, the applicable law has not fully provided an adequate sense of justice for the state and the people harmed by acts of corruption. On the other hand, the Asset Forfeiture Bill (RUU) as an effort to recover state losses has been proposed. Asset forfeiture as an additional criminal offense is already regulated in Article 10 letter (b) of the Criminal Code. While the death penalty is the main punishment, both have different implementation procedures, but both aim to realize justice. Both the death penalty and asset forfeiture are expected to have a deterrent effect on perpetrators of corruption and reduce the number of corruption crimes in Indonesia.

Money laundering is a crime that harms the interests of the community, results in economic instability of a country and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Reflecting on this, asset forfeiture is important because the approach method used is known as "follow the money". This study reviews asset forfeiture in money laundering from a justice perspective. This study is a normative or doctrinal research, also referred to as dogmatic research with a conceptual and legislative approach. Studies show that asset forfeiture in money laundering has actually been regulated in Indonesia in the form of criminal forfeiture based on the Criminal Code and Criminal Code, civil forfeiture and administrative forfeiture based on the PPTPPU Law, but in its regulation and implementation there are still legal loopholes that can be used by criminals to hide the proceeds of their crimes, so that they have not provided a sense of justice, harming the state and society as victims of laundering crimes money. Based on the perspective of justice rooted in the principle of fundamental justice, it is stated that crime should not benefit the perpetrator. This underlies the need to expand the scope of asset forfeiture regulations, especially related to civil/in brake forfeiture by reformulating the provisions in the PPTPPU Law. In addition, the expansion of the scope can also be done through laws and regulations that specifically regulate the confiscation of assets with the direction of the scope of regulation that is not only limited to assets in the accounts of financial service provider users, but to all assets related to crime. Strengthening the protection of third parties in good faith also needs to be regulated to increase the sense of justice for the community and the state.

Money laundering is a crime that harms the public interest, causes economic instability in a country, and is more dangerous than corruption because tracking money flow from money laundering will be more difficult. When considering the impact, asset forfeiture is vital since it employs a "follow the money" strategy. This study reviews asset forfeiture in money laundering from the perspective of justice. This study is a normative or doctrinal research, also called dogmatic research, with a conceptual and statutory approach. The study shows that asset forfeiture in money laundering has been regulated in Indonesia as criminal forfeiture based on the Criminal Code and Criminal Procedure Code, civil forfeiture, and administrative forfeiture based on the PPTPPU Law. However, in its regulation and implementation, there are still legal loopholes that criminals can use to hide the proceeds of their crimes, so it has not provided a sense of justice and is detrimental to the state and society as victims of money laundering. Based on the perspective of justice rooted in the principle of fundamental justice, crime should not benefit the perpetrators. This perspective underlies the need to expand the scope of asset forfeiture arrangements, especially civil/in rem forfeiture, by reformulating the provisions in the PPTPPU Law. Furthermore, broadening coverage can be achieved by enacting laws that govern asset forfeiture. This legislation should encompass not only assets held in the user accounts of financial service providers but also all assets connected to criminal activity. Protecting good faith third parties is necessary to enhance the society and state's sense of fairness.

This study aims to explore the preservation of waqf in Indonesia, which plays a crucial role in supporting social welfare and community development, while considering Pancasila as the state ideology. The research seeks to analyze how Islamic legal principles are integrated into waqf preservation in relation to Pancasila values and to understand the interaction between these two value systems within the national legal framework. The study employs a qualitative analysis method with a literature review approach. Data is gathered through an examination of relevant laws and government regulations, as well as fatwas and guidelines concerning waqf and pancasila. The analysis focuses on evaluating the connection between Islamic principles related to waqf preservation and the implementation of Pancasila values within the Indonesian legal system. The research aims to identify and explain the relationship between Islamic legal principles regarding waqf and Pancasila values and to assess how Pancasila values support and enhance the preservation of waqf in Indonesia. The findings reveal that Pancasila values, particularly the principles of social justice and humanity, align with Islamic principles in the preservation of waqf. Pancasila serves as an ethical framework that supports fair and transparent waqf implementation, ensuring that waqf not only complies with Islamic law but also contributes to sustainable social welfare. The study also identifies that integrating Islamic principles with Pancasila values in waqf management can improve the effectiveness of waqf preservation and strengthen the legal and social foundation in Indonesia.

The crisis of values within the family has become one of the primary challenges in fulfilling children's educational rights, particularly in shaping the character of early childhood in the midst of modernization, globalization, and technological advancement. This article aims to analyze the impact of the family values crisis on children's right to education and to examine the solutions offered by Islamic legal principles in addressing this phenomenon. This study employs a library research method, drawing on various sources such as books and relevant journal articles. The findings reveal that the family values crisis significantly affects the fulfillment of children's educational rights, especially in terms of moral and spiritual development. Islamic legal principles (fiqh al-munakahat) provide comprehensive guidance for building a strong family structure through the concepts of parental responsibility, moral education, and value-based upbringing grounded in Qur’anic teachings. This article recommends strengthening the role of the family as the primary center of education, underpinned by robust Islamic legal principles, as a solution to the challenges posed by the modern era.

Abstract: The recovery of assets and proceeds of crime has become an urgent global issue. International commitments, such as those enshrined in the United Nations Convention Against Corruption (UNCAC), encourage countries to actively pursue illegally acquired assets. The Asset Forfeiture Draft Bill is currently being drafted and is expected to strengthen Indonesia's efforts to fulfill this international obligation. This article discusses the challenges of the Non-Conviction Based Asset Forfeiture mechanism in the Asset Forfeiture Draft Bill in Indonesia. This research is normative research that analyzes the Asset Forfeiture Draft Bill and various relevant legal literature. Data collection is carried out through literature studies and analyzed qualitatively to describe the research object. The result of this study is that the Asset Forfeiture Draft Bill reveals a number of obstacles, including potential human rights violations, a shift in the paradigm of law enforcement, and a lack of coordination between institutions. However, given the limited effectiveness of imprisonment and fines in eradicating crime, the passage of this draft bill has become increasingly urgent to strengthen law enforcement and recover state losses. Keywords: Asset Forfeiture, Non-Conviction Based Asset Forfeiture, Corruption Crime, Draft Bill. Abstrak: Pemulihan aset hasil kejahatan telah menjadi isu global yang mendesak. Komitmen internasional, seperti yang tertuang dalam Konvensi PBB Anti Korupsi (UNCAC), mendorong negara-negara untuk secara aktif mengejar aset-aset yang diperoleh secara ilegal. Rancangan Undang-Undang Perampasan Aset yang tengah digodok diharapkan dapat memperkuat upaya Indonesia dalam memenuhi kewajiban internasional ini. Artikel ini membahas tentang tantangan mekanisme Non-Conviction Based Asset Forfeiture dalam Rancangan Undang-Undang Perampasan Aset di Indonesia. Penelitian ini adalah penelitian normatif dengan menganalisis RUU Perampasan Aset serta berbagai literatur hukum yang relevan. Pengumpulan data dilakukan dengan melalui studi pustaka dan dianalisa secara kualitatif untuk mendeskripsikan objek penelitian. Hasil penelitian ini adalah RUU Perampasan Aset mengungkap sejumlah kendala di antaranya adanya potensi pelanggaran hak asasi manusia, pergeseran paradigma penegakan hukum, dan kurangnya koordinasi antar lembaga. Meskipun demikian, mengingat keterbatasan efektivitas pidana penjara dan denda dalam memberantas kejahatan, pengesahan RUU ini menjadi semakin mendesak untuk memperkuat penegakan hukum dan memulihkan kerugian negara.

This research examines the importance of regulating Non-Conviction Based Asset Forfeiture (NCB) in corruption cases in Indonesia. NCB is a mechanism of asset forfeiture that allows the state to seize assets without a prior criminal conviction. The study argues that the regulation of NCB is necessary to ensure the effectiveness of asset recovery in corruption cases and to prevent abuse of power by law enforcement agencies. The research uses a qualitative approach and analyzes relevant laws and regulations, court decisions, and academic literature. The findings suggest that the current legal framework for NCB in Indonesia is inadequate, leading to the misuse of NCB by law enforcement agencies. The research recommends the enactment of a specific law on NCB in corruption cases that provides clear criteria and safeguards for the use of this mechanism.

The mismatch between state losses and the amount of assets recovered in handling corruption cases is caused by inefficient regulations. Indonesian legal system has yet to firmly regulate asset forfeiture mechanisms without criminal conviction through in rem lawsuits. This study aims to examine the Non-Conviction Based (NCB) asset forfeiture policy concept through in rem lawsuit based on Economic Analysis of Law (EAL) approach in Indonesia. This research uses a normative juridical method, focusing on the analysis of asset forfeiture regulations in Indonesia within several other countries, and also explores the relationship between asset forfeiture policies and EAL approach. The findings show that NCB Asset Forfeiture through in rem lawsuits is a crucial step to enhance the effectiveness of anti-corruption law enforcement in Indonesia. The development of this policy aligns with the provisions of UNCAC, which provide a legal basis for countries to conduct asset forfeiture without waiting for a final and binding court verdict. By integrating the EAL approach, this policy can ensure economic efficiency in the recovery of state losses while eliminating economic incentives for corrupt actors. In conclusion, the enactment of the Asset Forfeiture Bill is urgent to establish a more effective, solution-oriented, and adaptive legal enforcement system against corruption as an economic crime.

This research employed a normative method to analyze the effectiveness of asset forfeiture in corruption cases, examining relevant laws, legal doctrines, and court decisions. The research addresses two main issues: the effectiveness of asset forfeiture in recovering state losses due to corruption and the factors influencing its success, as well as the challenges encountered in its application as a tool to combat corruption in Indonesia. The findings indicate that while asset forfeiture has the potential to recover state losses, its implementation is hindered by technical and institutional limitations, including the difficulty of establishing a direct link between seized assets and corrupt activities. Key factors influencing the success of asset forfeiture include weak coordination among law enforcement agencies, insufficiently trained personnel, and a lack of transparency in the asset seizure and management process. The primary challenge remains inconsistent law enforcement and weak oversight, which are compounded by legal and political obstacles. To enhance the effectiveness of asset forfeiture, legal reforms and the strengthening of law enforcement agencies, promoting greater synergy and professionalism in the fight against corruption, are essential.

In the contemporary era, the formulation of public policy faces multifaceted challenges, ranging from socioeconomic inequalities to cultural diversity and environmental sustainability. This paper explores the potential of Islamic legal studies as a framework for devising public policies that address these challenges while aligning with Islamic principles and values. By integrating insights from Islamic jurisprudence, ethics, and governance, this study elucidates how Islamic legal principles can inform the formulation and implementation of public policies that promote justice, equity, and welfare for all segments of society. Through a comprehensive review of relevant literature and case studies, this research examines the role of Islamic legal studies in shaping public policy across various domains, including economics, social welfare, environmental conservation, and governance. It analyzes the compatibility of Islamic legal principles with contemporary policy issues, highlighting areas of convergence and divergence with conventional policy approaches. Furthermore, this paper investigates the mechanisms for incorporating Islamic legal perspectives into the policymaking process, considering the roles of policymakers, scholars, civil society actors, and international institutions. The findings of this study contribute to the discourse on the role of Islamic legal studies in contemporary governance and policy development, offering insights into how Islamic principles can enrich and complement existing policy frameworks. By emphasizing principles of justice, compassion, and stewardship, policies informed by Islamic legal studies have the potential to

This study explores the application of restorative justice as a new paradigm in the sociology of Islamic law in Indonesia, focusing on corruption cases and the responses of the two largest Islamic organizations: Nahdlatul Ulama (NU) and Muhammadiyah. The study addresses the limitations of the retributive paradigm, which has long dominated the justice system but has proven insufficient in achieving substantive justice and social restoration. The aim is to examine the compatibility of restorative justice with Islamic legal principles and to analyze NU and Muhammadiyah’s perspectives and recommendations on its implementation in combating corruption. This research employs a qualitative method with normative-sociological approaches through literature analysis and in-depth interviews. Findings reveal that restorative justice aligns closely with Islamic values such as sulh (reconciliation), islah (social reform), maslahah (public interest), and ‘afw (forgiveness). NU emphasizes moral and fiqh-based aspects, requiring full restitution and moral accountability, while Muhammadiyah advocates structural legal reforms, anti-corruption education, and integrity monitoring. The implication is that integrating restorative justice into the Indonesian Islamic legal framework could enhance social justice, legal efficiency, and public acceptance—provided that implementation is supported by strict regulations and transparent oversight mechanisms.

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing. And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.

Corruption is an extraordinary crime that not only causes massive state financial losses but also impedes national development. Efforts to eradicate corruption are insufficient if limited to the imprisonment of perpetrators; they must be accompanied by state asset recovery. The prosecutor, as the dominus litis in the criminal justice sistem, plays a central role in the process of seizing assets derived from corruption. This research aims to analyze the authority of prosecutors to seize assets in corruption cases, identify the obstacles encountered, and formulate solutions to optimize the exercise of this authority. The research method employed is normative juridical, utilizing a statutory approach and a case approach. The findings indicate that prosecutors have a strong legal basis for asset seizure, as stipulated in the Criminal Procedure Code (KUHAP), the Anti-Corruption Law, and other relevant regulations. However, in practice, prosecutors face various obstacles, both juridical, such as legal loopholes in the evidentiary process, and non-juridical, such as the complex modus operandi of perpetrators in concealing assets, slow inter-agency coordination, and challenges in tracing assets located abroad. Therefore, it is imperative to strengthen the regulatory framework through the enactment of the Asset Forfeiture Bill, enhance the capacity and integrity of prosecutors, and bolster international cooperation to maximize the recovery of state losses.

Corruption is an extraordinary crime that should be eradicated. The increase in corruption cases is still stagnant despite various efforts to reduce the number of corruptions. As a country that has ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7/2006 on the Ratification of the UN Convention Against Corruption, Indonesia should have the same legal standing in matters regulated in UNCAC, including the issue of confiscation of criminal proceeds. The main objective of the Asset Forfeiture Law is how to recover state losses (asset recovery), so that the losses suffered by the state are not significant. This research is conducted to examine and discuss the influence of legal politics in combating corruption through the establishment of the Asset Forfeiture Bill. The research method used in this research is normative juridical, by analyzing applicable legal norms supported by doctrines that develop in law. The results showed that legal politics influenced the ratification of the Asset Forfeiture Bill. The Asset Forfeiture Bill is important to be ratified immediately in order to provide a deterrent effect for corruptors

Human skin transplantation plays a critical role in modern medical practice, particularly in the treatment of burn injuries, chronic wounds, and dermatological conditions. The establishment of human skin banks has revolutionised the accessibility and quality of skin grafts for these applications. However, the operation of these banks, particularly in regions with a significant Muslim population like Malaysia, raises ethical and Islamic legal questions. Therefore, the purpose of this study is to provide an overview of the role and significance of human skin banks in modern medical practice, address the medical needs that human skin banks fulfil, delves the ethical and legal dimensions of their operation in accordance with Islamic principles. The study used a library-based methodology and collected data from various sources, including books, websites, and journals. A review of existing literature is conducted to understand the medical importance of skin banks and to explore the existing legal and ethical frameworks. Legal analyses are performed to determine the alignment of human skin banking with Islamic legal principles. The finding highlights the importance of aligning human skin banks with Islamic principles to ensure ethical and legal acceptability in order to implement human skin banks. It emphasises the need for comprehensive guidelines and legal frameworks that respect the rights and values of donors and recipients while integrating skin banking into the healthcare system. This review contributes to the discourse on the operation of human skin banks in predominantly Muslim regions, addressing ethical and legal concerns. It provides valuable insights for policymakers, healthcare practitioners, and scholars seeking to harmonise medical needs with Islamic principles. The expanding field of medical technology should be taken advantage of in order to safeguard the Maqasid of Sharia, especially all the concepts of Daruriyat, Hajiyat, and Tahsiniyat.