Management of Confiscated Assets by the Prosecutor's Office: A Comparative Study between Indonesia and the United States

Ill fitting legal shoes pinch citizen’s foot. Chinese Proverb Never ask of money spent where the spender thinks it went. Nobody was ever meant to remember or invent what he did with every cent. Robert Frost There is a sense in which discussions of public law and debates about budgeting have a good deal in common. Both budgets and law are essential to the task of public administration. Without legal authority and budgetary resources, agencies cannot function. Indeed, without legal authority they do not even exist, and without financial resources they exist in name only. Cooper, Phillip J (1999) ‘Courts and Fiscal Decision Making’, in: Handbook of Government Budgeting (San Francisco: Jossey‐Bass) p 502. In a global environment of emerging trading blocs, it is imperative for small island states to pay attention to the adequacy of a major plank of a country’s financial infrastructure viz, the public financial management system. For the purposes of this paper, the components of this system are considered...

This study aims to examine and analyze the juridical implications of land rights transfers through court decisions and identify the challenges and obstacles encountered in transferring them. This study uses normative legal research with conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the dispute resolution of land rights transfers through inkracht court decisions can provide legal certainty and positive impacts for the disputing parties. However, some negative effects need to be anticipated and managed effectively. Furthermore, challenges and obstacles are faced when executing land rights transfers based on inkracht court decisions, necessitating efforts to improve the court decision enforcement system. Improving the court decision enforcement system involves the active participation of the government, law enforcement, land agencies, and parties involved in land rights transfer disputes. Therefore, it is recommended that parties involved in land rights transfer disputes consider the negative impacts of inkracht court decisions by collaborating with law enforcement. Through good cooperation and coordination among agencies and enhanced law enforcement capacity, it is hoped that the land rights dispute resolution system transfer can create legal certainty and promote the economic value growth of disputed land, ultimately impacting the productivity and welfare of the surrounding community.

This study examines Indonesian State-Owned Enterprises (SOEs) asset management methods, problems, and financial and operational performance effects. The report synthesizes case studies and academic research on how large organizations manage their huge and diverse asset portfolios and how governance, regulatory frameworks, and human resource practices affect their effectiveness. The research begins with case studies of talent management innovations from big Indonesian SOEs. These cases show how proactive human resource approaches can boost company commitment and reduce turnover, improving asset management efficiency. According to the research, governance and legal frameworks influence asset management techniques. Studies show that corporate governance quality affects SOE operational performance. The paper explores how reforms and legislation affect state asset management, highlighting the major changes in SOE governance and legal frameworks, particularly after economic and political reforms. Asset management difficulties for Indonesian SOEs include managing large and diverse asset portfolios, integrating modern management frameworks, and optimizing state asset revenue. According to the study, comprehensive asset management systems, governance transparency, and professional management can address these difficulties. The research examines how asset management strategies affect Indonesian SOE profitability, corporate governance, and performance measures. Strategic asset management boosts financial performance, especially profitability. SOE profitability is greatly affected by current asset and liability management. The study offers advice to Indonesian SOEs and policymakers. Enhancing financial and operational performance requires comprehensive asset management, governance changes, and strategic innovation. These efforts boost Indonesia's economy, demonstrating the importance of asset management in SOE performance.

The increase in population has an impact on the proliferation of illegal settlements. This study determines and analyzes housing policies and administrative law enforcement about illegal settlements. The study uses normative legal research, which compares legal issues in two countries, Singapore and Australia. This research is descriptive, using both statute and conceptual approaches. The concept of administrative law enforcement and protecting citizens' fundamental rights are used as the basis for our analysis, combining it with legal system theory and administrative law enforcement. The research results show that, in substance, Singapore has a housing policy through Housing Development Board, which is carried out on a massive scale and is quite successful in dealing with illegal settlements in urban areas about the size of the country's territory. Structurally, government institutions carry out administrative law enforcement through warnings and demolitions. Meanwhile, Australia has not been entirely successful, even though collaboration has been carried out between governments through Australia for Affordable Housing, the private sector, and housing communities. Australia enforces the law by issuing orders to stop using unauthorized buildings and imposing financial sanctions. Affordable and fair housing policies that the enforcement of administrative law can accompany are more effective in reducing illegal settlements than relying solely on the enforcement of administrative law alone or even criminal law. According to a culture of legal awareness, settlers who face various economic and social pressures are more difficult to discipline.

The capital market, as a branch of the national economy, plays a crucial role in meeting funding or capital needs for companies to grow, compete, and maintain their business continuity. The purpose of this study is to identify and analyze the regulation of insider trading practices in the Indonesian and United States capital markets. To identify and analyze law enforcement against insider trading practices in the capital market. This research type is normative legal research. The research approach is statutory (statute approach). The analysis in this study is qualitative descriptive analysis. The research results show that insider trading is the practice of buying and selling securities based on material information not yet publicly available, carried out by parties with access to inside information. This practice undermines the principles of transparency and fairness in the capital market. In Indonesia, insider trading is regulated by Law Number 8 of 1995 concerning Capital Markets, specifically Articles 95 and 96. Law enforcement is carried out by the Financial Services Authority (OJK), the Indonesia Stock Exchange (IDX), and the Prosecutor's Office and the Police when it enters the criminal realm. However, enforcement still faces serious challenges, including difficulty in establishing evidence, weak transaction oversight systems, and minimal jurisprudence. In the United States, insider trading is regulated by the Securities Exchange Act of 1934 and its implementing regulations through SEC Rule 10b-5. Law enforcement is carried out by the Securities and Exchange Commission (SEC) with support from the Department of Justice (DOJ) and the federal judicial system. Law enforcement in the US is considered more effective because it is supported by a jurisprudence-based legal system, the use of investigative technology, and firm and progressive sanctions.

This research specifically analyzes the comparison of the substance of the business judgment rule doctrine in Indonesia with that in other countries by comparing several countries, namely: England, Canada, the United States and Australia. The aim of this research is to reconstruct the future regulation of the business judgment rule doctrine in Indonesia. This research is normative legal research that prioritizes conceptual, statutory, case, and comparative approaches. The research results show that the principles related to the business judgment rule doctrine in Indonesia include the principle of good faith, the principle of prudence, the principle of expediency, and the principle of legal certainty. The characteristics of the business judgment rule doctrine in Indonesia, as contained in statutory regulations and court decisions, actually emphasize the mechanisms that must be taken by directors before making a decision, namely the obligation to prioritize the willens aspect, namely knowing a decision to be taken, and the wettens aspect, namely wanting and understanding the potential consequences. by a decision to be taken. Reconstructing the business judgment rule doctrine in Indonesia by referring to practices in England, Canada, the United States, and Australia, the BJR regulations in Indonesia actually require reconstruction or updating in the future by formulating specific regulations regarding the BJR doctrine in Indonesia and providing space for judicial institutions to develop the application of the BJR doctrine according to developing cases.

Changes to the SOEs law, particularly Law 1/2025 and Law 16/2025, pose problems because they place SOE finances and management entirely in the private domain, which contradicts the ratio decidendi of several Constitutional Court Decisions. This study aims to analyze reconstruction efforts related to conceptual renewal that position SOE finances as special state finances and their legal implications. This research is normative legal research that prioritizes conceptual, legislative, case, and comparative approaches. This study finds that SOE finances and management are constitutionally and systematically part of special state finances with a dual character, namely having both public and private legal dimensions. Comparative studies with China and Singapore show that although the design of state control differs, both emphasize the accountability of state assets and the operational efficiency of state-owned enterprises. The finances and management of SOEs, which are part of the state's special finances, have legal implications for the Board of Commissioners, the Board of Directors, and the Supervisory Board, who can be held criminally liable for SOE losses, unless the business decisions made were in accordance with the principles of prudence, good corporate governance, and the business judgment rule. This research recommends a thorough revision of Law 1/2025 and Law 16/2025, as well as filing for judicial review, because the substance of these two laws is not in line with the ratio decidendi of the Constitutional Court's decision, which states that the finances of SOEs fall within the realm of public and private law.

This study aims to analyze the urgency of shifting the paradigm of fisheries crime law enforcement from the dominance of criminal sanctions to the strengthening of administrative sanctions. Previous studies have focused more on the effectiveness of criminal sanctions or technical administrative implementation, but have not criticized the dominance of the penal approach, which has led to problems of imbalance in law enforcement, where criminal instruments are used extensively without considering the nature of the offense and the capacity of the perpetrator. This condition has implications for the emergence of legal uncertainty, inefficient judicial burdens, and a lack of corrective effects on the main actors in fisheries crime. This research gap is the main basis for conducting this study. The method used is normative legal research with a legislative, conceptual, and comparative approach, enriched with limited empirical analysis through a review of law enforcement practices and court decisions. The results of the study show that criminal sanctions have so far been ineffective in targeting the main actors (corporations), while administrative sanctions—such as license revocation, administrative fines, and business freezing are more strategic because they are responsive, adaptive, and in line with global practices. However, its effectiveness is still hampered by institutional capacity, accountability in implementation, and unequal treatment between large operators and small-scale fishermen. The research conclusion emphasizes the novelty of offering a reorientation of fisheries law that places administrative sanctions as the primary instrument (primum remedium), while criminal sanctions are positioned selectively as the last resort (ultimum remedium). Thus, this study offers a new conceptual framework that is more progressive, fair, and sustainable in the enforcement of Indonesian fisheries law.

The development of digital technology has increased the threat of cybercrime, including revenge porn, which has a broad impact on victims, psychologically, socially and economically. Although Indonesia already has regulations such as the ITE Law and the Pornography Law, these regulations have not been fully effective in ensnaring perpetrators and providing maximum protection for victims. Meanwhile, other countries such as the United Kingdom and the United States have more specific regulations in dealing with revenge porn. This study aims to analyze the effectiveness of law enforcement against revenge porn in Indonesia and provide recommendations for improving regulations to increase victim protection. The method used is normative legal research with a statutory and comparative approach, which involves analyzing national and international regulations, as well as reviewing court decisions and reports from various institutions. The results show that Indonesian regulations still have gaps in dealing with revenge porn, especially in the aspects of victim protection, content removal mechanisms, and sanctions for perpetrators and digital platforms. Therefore, more progressive legal reforms are needed, including the implementation of the right to be forgotten, increasing sanctions for perpetrators.

This article examines the role of the State Attorney in Indonesia within the civil law sector, focusing on the safeguarding and recovery of state assets. With state assets dispersed across various institutions, the risk of losses necessitates adequate asset protection. The research addresses the legal standing and position of the State Attorney in the civil law field, as well as their duties in saving state assets. This paper analyzes applicable legal regulations and compares them with practical applications. Findings reveal that while the State Attorney possesses authority in law enforcement, legal assistance, and other legal actions, challenges impede the complete optimization of this authority. Despite obstacles, the Attorney General, through the State Attorney, plays a crucial role in defending the state's civil rights and securing state assets through civil instruments. The article highlights the need for greater awareness of the Prosecutor's Office in the civil sector, emphasizing its significance in representing the government and protecting state assets.

The issue of political dowry, relatively, becomes a sustainable warning of problems in every general election in Indonesia. Such as the issue of Sandiaga Uno, who provided political dowry in the 2019 presidential election. The allegation was started by the Deputy of General-secretary of the Party of Democrat, Andi Arief, who stated that Sandiaga Uno had provided 500 billion rupiahs to PAN and PKS respectively so that those two parties would support him to nominate as the Candidate of Vice President for Prabowo Subianto. Political dowry has been a serious issue and almost constantly becomes an interesting topic to be reported and studied in every general election. Although it is popular, the issue of political dowry is a case that is relatively difficult to prove its truth (court decisions). In fact, explicitly, political dowry has been regulated in Article 228 on Law Number 7 of 2017 concerning the General Election (Election Law). However, it does not expressly provide a deterrent effect to the political dowry actors. This reality becomes the basis of encouragement in conducting this research. The theory used in this research is legal politics and law enforcement. While the method used is normative legal research with a statutory, conceptual, and comparative approach. The output of this paper is that the handling of political dowry cases in the presidential election needs a serious concern. And then, the regulation on sanctions, which still be administrative in nature, against the actors of political dowry in the Election Law is considered to be inappropriate. So that criminal policy is needed to strengthen the law enforcement and strict legal instruments against criminal acts of political dowry in the future election (ius constituendum).

POLICING FORENSIC EVIDENCE

The protection of human rights is essential in a democratic society. This paper examines the historical context of regulating presidential impeachment in relation to human rights violations by exploring the legal framework governing such actions, particularly focusing on the President's response to the Constitutional Court's decision. For instance, the Constitutional Court's Decision Number 91/PUU-XVIII/2020 declared the Job Creation Act conditionally unconstitutional and prohibited the issuance of any implementing regulations based on it. Nevertheless, the President went ahead and issued Presidential Regulation Number 113 of 2021, which constitutes a violation of the Universal Declaration of Human Rights (UDHR) and the 1945 Constitution. This study used normative legal research, with statutory and comparative approaches, and interpreted legal materials through constitutional and historical lenses. The findings indicate that Indonesia, having similar experiences of the United States, South Korea, and the Philippines, lacks comprehensive regulations for impeaching the President based on human rights violations. Additionally, there is a gap in the regulations concerning the President's defiance of the Constitutional Court's decisions. Therefore, this paper proposes that the definition of violations related to impeachment be limited to the President's oaths as stated in Article 9(1) of the 1945 Constitution. If the President fails to comply with the Constitutional Court's decision, they should be held accountable through the impeachment process. Finally, it is necessary to amend Article 10(3)(d) of the Constitutional Court Act to include specific qualifications for presidential misconduct.

Research on the authority of prosecutors in confiscating assets of corruption defendants, because returning state assets to Corruption Eradication is difficult. In fact, corruption causes a lot of losses to the country. Even though criminal procedures have been made to save state assets, but it hasn't worked yet. Therefore, returning the assets of Corruption perpetrators can save state assets. The authority of the Prosecutor's Office plays a very important role in this effort. Research problems regarding the authority of prosecutors in confiscating assets of corruption defendants, the authority of the Prosecutor's Office to address the issue of returning state assets. Legal research method with a statutory approach. The result is that after the Corruption Eradication results there is a return of state assets, namely, there is a court decision. The legal basis for return is stated in Article 18 UU.31/1999 jo UU. 20/2001 Corruption Crimes, by summoning the convict, family and legal advisors by the Prosecutor regarding the stages, implementation of the return.

Indonesia exemplified its enthusiasm in reforming state asset management policies and practices through the establishment of the Directorate General of State Assets in 2006. The Directorate General of State Assets have stressed the new direction that it is taking state asset management laws through the introduction of Republic of Indonesia Law Number 38 Year 2008; an amended regulation overruling Republic of Indonesia Law Number 6 Year 2006 on Central/Regional Government State Asset Management. Law number 38/2008 aims to further exemplify good governance principles and puts forward a ‘the highest and best use of assets’ principle in state asset management. However, there is still ambiguity in the meaning of ‘the conceptualisation of good governance within state asset management’—particularly in regards to the definition, context, extent, examples, and guidelines. This paper examines state asset management regulations in three Indonesian regional government case studies: DIY Yogyakarta, Gorontalo Province, and DKI Jakarta. This paper introduces the ‘Good Governance Evaluator Tool’, informed by Miles and Hubermann (1994) work in tabulation and matrix data analysis tool. To facilitate the process of good governance conceptualisation evaluation, it is empirical that each state asset management law, policies, technical guidelines from each regional government is evaluated against the five good governance principles: accountability, transparency, efficiency, stakeholder participation, and regulatory compliance. Through this process which good governance principles are conceptualised, the level in which it is discussed within each clause of a state management law, and the level in which this conceptualisation is understood by state asset managers; can be mapped. This paper emphasises the variance, and at times contradictory nature, in which good governance principles are conceptualised in Indonesia’s state asset management laws. As such this paper informs future asset management policy makers of the quality in which asset governance is exemplified in current laws and technical guidelines.