Illicit Enrichment Research Articles

STRENGTHENING LHKPN: PREVENTION OF ILLICIT ENRICHMENT IN EFFORTS TO ERADICATE CORRUPTION

This research aimed to discuss State Organizer's Asset Report or Laporan Harta Kekayaan Pejabat Negara (LHKPN) problems due to the eradication corruption process in Indonesia. This research is normative legal research with a conceptual, historical, and statutory approach. From the research it can be seen that as an effort to prevent illicit enrichment carried out by state officials, it is necessary to strengthen the wealth reports of state administrators, namely by making changes to Law Number 28 of 1999, from collusion, corruption, and nepotism. related to the form and mechanism of the application of sanctions. The recommendation is the law on the Free Implementation of Corruption should be strictly regulated regarding severe administrative sanctions in the form of types of penalties, that directly impact the position of state administrators, and criminal sanctions for state officials who are indicated to have falsified their reporting.

Unconstitutionality of articles 366-1, 368-2 of the criminal code of Ukraine: irony of fate or defects of the legislative process

The fight against corruption in Ukraine is giving rise to new ways of combating this phenomenon, new anti-corruption legislation is often being adopted and improved. Thus, among other things, in 2011 the Ukrainian parliament introduced criminal liability for illegal enrichment, and in 2014 – for declaring questionable information, supplementing the Criminal Code in accordance with Art. 368-2 and Art.366-1. However, despite their long-term duration in the structure of the criminal law mechanism for combating corruption, they have not become effective tools of anti-corruption struggle. Problems of application of Articles 366-1, 368-2 have been admitted from the very moment of their introduction in action as some serious defects in the construction of these norms were placed in the course of legislative process. In the end, based on the decision of the Constitutional Court of Ukraine, these articles expired. Given that the purpose of the article is to investigate the process of legislation and to establish the reasons for the adoption of deliberately ineffective rules on the declaration of inaccurate information and illicit enrichment. 
 The scientific novelty is that the study indicates the inability of the Verkhovna Rada of Ukraine, which includes the Institute of legislation, scientific and expert management, legal management, the department of relations with the judiciary, the control department and other units, to ensure quality at the appropriate level of results of legislative work. These "precautionary institutions" were unable to prevent the development, adoption of imperfect and knowingly unconstitutional laws, as evidenced by examples of the introduction of liability under Articles 366-1, 368-2 of the Criminal Code and the introduction of repeated manipulative changes, after the entry into force.

THE ILLICIT TRADE IN KYIV PROVINCE AT THE HALF PAST OF THE ХІХ CENTURY

Summary. The purpose of the article is to publish and analyze of literature and archival sources to identify components of the problem of illicit trade in the Kyiv Province in the first half of the 19th century. Research methodology – the principles of objectivity, scientificity, historicism, comparative method, methods of internal criticism of sources. The scientific novelty is that it is for the first time that the information from the framework of sources presented in the Central State Historical Archive of Ukraine in Kyiv, the State Archive of Kyiv Oblast and its analysis is introduced in scientific circulation. Conclusions. The research of archival sources allowed to deepen the picture of relations between the state, government officials, business representatives in the field of trade, in particular, illicit trade. It has been discovered that illicit trade was caused primarily by the desire for personal enrichment and by external tariffs of the Russian Empire, which contained a wide range of goods prohibited for import into the country. Strict regulation of external trade encouraged merchants and all persons involved in transactions with contractors of other countries to seek means and mechanisms for transportation and sale of demanded goods. It has been found that people with foreign connections were involved in the illicit trade. Although, there were cases when illicit goods were traded by merchants and burghers of the interior provinces who acted only as intermediaries. Civil servants, whose actions were coordinated by the Kyiv governor himself, were involved in fight against the schemes by which prohibited and uncustomed goods entered the market. The cases in the activities of government officials were revealed when officials were negligent in their duties. Under certain conditions, customs officers used their official position for personal enrichment. The abuse of customs officers (zollners) testified risks of the border service and at the same time showed the extent of illicit enrichment. The consequences of the fight against illicit trade were the return of money to the treasury in the form of penalties (fines), one-time cases of enrichment of public supervisors abroad, taking purification oaths by smugglers in the presence of clergy.

Revisiting the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Hong Kong and Rwanda’s Legal Experiences

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption and established in many international and regional anti-corruption instruments such as United Nations Convention Against Corruption (UNCAC), African Union Convention on Preventing and Combating Corruption (AUCPCC), and Inter-American Convention Against Corruption (IACAC).These conventions encourage states parties to criminalize it as part of efforts to fight against corruption crimes. Accordingly, the crime of illicit enrichment is prescribed under Article 21 of the Corruption Crimes Proclamation No. 881/2015 of the Ethiopia. This provision is designed to combat and prevent corrupt practice in public and private sectors. The main objective of this paper is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in Ethiopian Corruption Crimes Proclamation in comparison with Hong Kong and Rwanda’s legal regimes in order to draw some best lessons and way forwards for the identified problems. The paper found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum limit of penalty and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is not only inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerating public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from the experiences of the Hong Kong and Rwanda in incorporating severe and setting minimum limit of penalty for crime of illicit enrichment that can convey a meaningful message to potential offenders. And also, the lawmaker’s should amend and redesign the provision with the appropriate penalty. Keywords: Corruption, Corruption Crimes Proclamation, Illicit Enrichment crime, Penalty, Punishment DOI: 10.7176/JAAS/70-03 Publication date: January 31 st 2021

Concerning criminal liability for illicit enrichment

Concerning criminal liability for illicit enrichment

The Crime of Illicit Enrichment in the Palestinian Legal System and Its Compatibility with the UU Convention against Corruption/Comparative Analytical Study

The Crime of Illicit Enrichment in the Palestinian Legal System and Its Compatibility with the UU Convention against Corruption/Comparative Analytical Study

Subjective Side of the Criminal Offense of Illicit Enrichment

The purpose of the article is to research the mental element of illegal enrichment through analyzing the characteristics and development a new legal framework to improve the article 3685 of the Criminal Code of Ukraine. The methodological basis of the study is a set of methods of scientific cognition, among which the dialectical method of cognition occupies the main place that helps to identify theoretical, legislative and applied aspects of illegal enrichment. Moreover, our research has general and special methods: formal-logical, system-functional, comparative-legal and historical-legal. The scientific novelty of the article is that article to views actual problems the mental element of illegal enrichment to use modern methods of cognition and new research. It is proposed specific proposals to improve the article 3685 of the Criminal Code of Ukraine. According to the results of the conducted research, the following conclusions have been formulated mental element of illegal enrichment. Illegal enrichment can be with direct intent. It is proposed an intellectual intent the direct intent like a mental attitude of the person to the action that has three blocks of features: a) signs of action (the guilty party recognizes the risk of action the purchase of assets); b) social status (the subject to understand his legal status in public authorities or local governments) c) other characteristics the crime that vary with place, environment and time. At the same time, extroverted moment is desire to respond to socially dangerous actions, namely the desire to activate. The motive is mercenary (the method of which is illegal prohibited by law possession of material goods (acquisition of assets) for their own); the purpose is to acquire assets as a result the person might be to take any action at his discretion; emotional state – a state of strong emotional excitement (physiological affect) does not affect how discrimination of illegal enrichment. It is proposed to the article 3685 of the Criminal Code of Ukraine add before words “acquisition of assets…by a person” the word “deliberate”

Актуальні питання вдосконалення кримінальної відповідальності за незаконне збагачення

Yurchyshyn I. B. Relevant issues of improvingcriminal liability for illicit enrichment. – Article.The article is dedicated to exploration of theproblems of legal regulation of criminal liability forillicit in Ukraine. The author is looking atthe provisions of Article 3685 of the Criminal Code ofUkraine, which designate criminal liability for illicitenrichment, carries out research some of the features ofthis crime, which, in the author opinion, cause difficultiesin criminal qualification and further examination of thiscrime. Emphasizing that the problem of levy inUkraine will remain deficient will be investigated and thepractice of national anti-corruption bureaus of Ukrainewill testify that it is partly difficult to investigate illegalenrichment involved in the inadequate of norm 3685 ofthe Criminal Code of Ukraine. First of all, the attentiondraws to consolidation in the statute of the subject ofthe crime. While the author remind about changes whichhas been formulated of the subject during the existencein Ukraine of criminal liability for illicit enrichment.The relation is considered between the terms ‘official’and ‘a person authorized to perpetrate the functions of84 Прикарпатський юридичний вісникthe state or local self-government’ and also the questionabout the expediency of introduction of the last one.During the exploration of the objective side of the crimeof illegal enrichment draws attention to the fact thatthe practice of the National Anti-Corruption Bureauof Ukraine designate of essential defects in wording ofthis component in Article 3685 of the Criminal Code ofUkraine. The author tries to demonstrate this by analyzingthe definition of the term ‘acquisition of assets’ which isformulated in the item number 2 of the remark to thisarticle : the problem of estimating income to establish thefact of their excess, the importance to take into accountthe income of family members of the offender, etc. Alsohere analyzed the subjective side of the crime. Especially,attention is drawn to the intentional purpose of the act asa feature of the subjective side of illicit andin this context compares the provisions of Article 3685of the Criminal Code of Ukraine with the provisions ofArticle 20 of the UN Convention against Corruption. Inthe end, the author formulates the inference he reachedas a result of the study and also makes suggestionsdirected at improving Article 3685 of the Criminal Codeof Ukraine, among which he offers a new editorship.

Decolonization, Freemasonry and the rise of ‘homosexuality’ as a public issue in Cameroon: The return of Dr Aujoulat1

Abstract Relating to academic debates on the emergence of moral panics over homosexuality in several parts of Africa, this article examines rumours on homosexuality as a political issue that connects colonial pasts and postcolonial struggles in Cameroon. We link current struggles over homosexuality to broader debates about the question of Cameroon’s decolonization from France. The article focuses on the figure of Dr Louis Paul Aujoulat, a French colonial official in Cameroon who played a crucial role in the country’s decolonization in the 1950s. Aujoulat died in 1972, but recently, he made a ‘return’ in rumours and public debates in a new role: he is now accused of having ‘sodomized’ the emergent new elite of Cameroon, thus introducing homosexuality; moreover, he is linked to Freemasonry and occult initiation rites. Our aim was to show how a particular decolonization trajectory—very rocky in the case of Cameroon—is related to the present-day moral panic about a supposed proliferation of homosexuality. Freemasonry and its special history on the African continent—notably its role in maintaining the coherence of Françafrique between France and its former colonies—is a severely understudied topic. Its linkages to same-sex practices and illicit enrichment give the Cameroonian case a wider relevance. We argue that the new rumours on Dr Aujoulat define him as a key figure in linking Freemasonry, homosexuality and illicit enrichment to present-day issues of state governance, citizenship and elite misrule in Cameroon.

Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.

INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

Anusocratie? Freemasonry, sexual transgression and illicit enrichment in postcolonial Africa

AbstractCameroonians recently invented a new word to characterize the state of their country:anusocratie(the rule of the anus). This became central in the moral panic from 2000 onwards over a supposed proliferation of homosexuality.Anusocratielinks such same-sex practices to illicit enrichment by the national elites and their involvement with secret associations of Western provenance, such as Freemasonry, Rosicrucians and the Illuminati. This article tries to unravel this conceptual knot of homosexuality, the occult (Freemasonry) and illicit enrichment: first, by historicizing it. Of interest in the Cameroonian case is the fact that a similar link is mentioned in one of the first ethnographies, Günther Tessmann'sDie Pangwe. Freemasonry is clearly a colonial imposition on the country, but the link between same-sex practices and enrichment has a longer history. Second, a comparison with similar ideas elsewhere on the continent can also open up wider perspectives. The link with illicit enrichment does not figure in classical conceptions of ‘homosexuality’ as developed in Europe, yet it strongly emerges from examples from all over Africa. Both Achille Mbembe and Joseph Tonda show that this image of the anus – anal penetration – articulates popular concerns about staggering inequalities. Yet, this aspect is ignored in debates about growing ‘homophobia’ in Africa. A confrontation with classical texts from Western queer theory (Bersani, Mieli) can help us discover other layers in African discourses, notably an emphasis on sexual diversity as an answer to homophobia. It can also serve to relativize the linking of sexual practices to sexual identities, which is still seen as self-evident in much queer theory of Western provenance.

Revisiting the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Hong Kong and Rwanda’s Legal Experiences

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption and established in many international and regional anti-corruption instruments such as United Nations Convention Against Corruption (UNCAC), African Union Convention on Preventing and Combating Corruption (AUCPCC), and Inter-American Convention Against Corruption (IACAC).These conventions encourage states parties to criminalize it as part of efforts to fight against corruption crimes. Accordingly, the crime of illicit enrichment is prescribed under Article 21 of the Corruption Crimes Proclamation No. 881/2015 of the Ethiopia. This provision is designed to combat and prevent corrupt practice in public and private sectors. The main objective of this paper is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in Ethiopian Corruption Crimes Proclamation in comparison with Hong Kong and Rwanda’s legal regimes in order to draw some best lessons and way forwards for the identified problems. The paper found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum limit of penalty and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is not only inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerating public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from the experiences of the Hong Kong and Rwanda in incorporating severe and setting minimum limit of penalty for crime of illicit enrichment that can convey a meaningful message to potential offenders. And also, the lawmaker’s should amend and redesign the provision with the appropriate penalty. Keywords: Corruption, Corruption Crimes Proclamation, Illicit Enrichment crime, Penalty, Punishment DOI: 10.7176/JLPG/103-01 Publication date: November 30 th 2020

Using of insurance companies ‘services for the purpose of legalization of criminal income of economic agents and avoidance of taxation

Annotation. Providing the stable and continuous functioning of the financial services market is one of the important areas of state economic policy. Without the use of financial intermediaries, the economy cannot function. Criminals, in turn, use the weaknesses of the country’s financial system for their own illicit enrichment or the pursuit of other criminal interests. By laundering illegally obtained money, criminals destabilize the country’s financial system and expand the size of the shadow economy.The purpose of the article is to characterize the possibility of using the services of insurance companies in order to legalize the criminal income of economic agents and tax evasion by enterprises.Results. The article identifies the risk of using the services of insurance companies to legalize illegally obtained income and the place of these services in the market. The study comprehensively considered the possibility of fraudsters using the services of insurance companies to launder the illegal income of economic agents and tax evasion by enterprises. Examples of legalization of illegal income through the services of insurance companies were given. There are three main groups of insurance companies’ services: general insurance, life insurance (pension or insurance for investments), and reinsurance. The main risks associated with money laundering are inherent in each group of services. Summarizing the analysis, general recommendations for insurance companies to prevent money laundering through their services were identified.the prospects for further research. The Prospects for further research are the quantitative characterization of the risk of legalization of criminal income of economic agents and tax evasion for each group of services, as they have their own specific features.

Illicit Enrichment: a New Approach to Criminalizing the Act

The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.

Features of objective signs of crimes committed by officials who hold a particularly responsible position

The article analyzes the features of the objective features of crimes committed by officials who occupy a particularly responsibleposition. It has been established that the correct qualification of criminal offenses committed by officials who hold a particularly responsibleposition is a mandatory and important aspect in the formation of Ukraine as a democratic and legal state. Therefore, determiningthe characteristics of the objective features of these crimes, in the end, comes down to determining the characteristics of the object andthe objective side of each of these crimes. Thus, the objects of crimes under Part 4 of Article 368 and Part 4 of Article 369 of the Cri -minal Code of Ukraine are closely intertwined, because they are all united by a single generic object – social relations arising in the fieldof official activity and professional activities related to the provision of public services. In these corpus delicti, the direct object can beconsidered the actual social relations that arise when an official who holds a particularly responsible position commits or does not commita certain action using the power or official position granted to him. The third corpus delicti committed by an official who holds aparticularly responsible position is provided for in Part 3 of Article 382 of the Criminal Code of Ukraine. The generic object of this crimeis public relations in the field of justice, and direct – public relations arising from the need for mandatory execution of sentences, decisions,rulings, court decisions that have entered into force, an official who holds a particularly responsible position. It is also possible todivide into two groups the objective side of crimes committed by officials who hold a particularly responsible position. The first groupconsists of the objective aspects of crimes committed by officials who hold a particularly responsible position in the field of officialactivities and professional activities related to the provision of public services – these are all acts related to the acceptance of an offer,promise or receipt illicit gain, as well as illicit enrichment. The second group consists of alternative acts provided for in Article 382 ofthe Criminal Code of Ukraine, provided that they are committed by officials who hold a particularly responsible position.

Генезис кримінальної відповідальності за незаконне збагачення в Україні

Корупція є однією з основних загроз національній безпеці України, а протидія корупції має здійснюва-тися виключно правовими засобами з дотриманням конституційних принципів та приписів законодавства, ухваленого відповідно до Конституції України.Стаття підготовлена на актуальну тему, оскільки піс-ля вжиття законодавцем заходів, спрямованих на від-новлення кримінальної відповідальності за незакон-не збагачення та доповнення Кримінального кодексу України ст. 368-5, сучасний стан кримінальної відпові-дальності за незаконне збагачення є малодослідженим.Автор зазначає, що Україна пройшла унікальний шлях встановлення та трансформації кримінальної відповідальності за незаконне збагачення, а з момен-ту запровадження кримінальної відповідальності за незаконне збагачення і до сьогодні кримінально-пра-вова норма «незаконне збагачення» зазнавала змін шість разів, була декриміналізована та згодом відновлена. У статті криміналізація незаконного збагачення визначається як один із правових інструментів та суво-рий засіб державного примусу в загальному механізмі протидії корупції, який характеризується потужним превентивним та каральним антикорупційним потен-ціалом і органічно пов’язаний та кореспондується з обов’язком держави боротися чи іншим чином протиді-яти корупції, а також є одним із фундаментів поточної антикорупційної політики та інституційної реформи у сфері боротьби з корупцією в Україні.У статті розглянуто соціальну зумовленість та істо-ричні передумови встановлення кримінальної відпові-дальності за незаконне збагачення, здійснено умовний поділ історії становлення кримінальної відповідально-сті за незаконне збагачення на п’ять етапів її розвитку та надано їм характеристику. На кожному з вказаних етапів надана детальна характеристика криміналь-но-правовій нормі «незаконне збагачення».Автором зроблено обґрунтований висновок, що законодавець перебуває в пошуку найоптимальнішої моделі вказаної кримінально-правової норми, яка б, з одного боку, була ефективним правовим інструментом боротьби з корупцією, а з іншого – враховувала кон-ституційні положення, якими встановлено принципи юридичної відповідальності, права і свободи людини і громадянина, а також їх гарантії.

The Practical Significances and Challenges of Assets Disclosure and Registration Law in Combating Illicit Enrichment Crime in Ethiopia

A well-designed and structured Asset Disclosure and Registration (ADR) system can be used as a strong tool to combat corruption effectively and eventually lead to successful conviction of illicit enrichment crime. The main objective of this paper is to identify the practical significances and challenges of implementing ADR law in combating illicit enrichment in Ethiopia and forwards the recommendations for the identified issues. In order to achieve the intended aims, the author employed the combination of doctrinal and empirical legal research approach. Accordingly, this paper analyzed both primary and secondary data sources. Then, the data were analyzed and interpreted using qualitative method to draw conclusions. Thus, this paper found that the Ethiopian ADR law has not comprehensively designed to combat illicit enrichment crime. Besides, it was poorly implemented in fighting illicit enrichment crime in Ethiopia. Finally, this paper recommends different measures to be taken into account by the government, law enforcement and Federal Ethics and Anti-Corruption Commission (FEACC) so as to enhance the effective implementation of ADR law in combating illicit enrichment in Ethiopia.

PENGATURAN ILLICIT ENRICHMENT DI INDONESIA

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.

PENGATURAN ILLICIT ENRICHMENT DI INDONESIA

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.