Authors:

Vincentius Patria Setyawan - Faculty of Law, Universitas Atma Jaya Yogyakarta

DOI : https://doi.org/10.19184/puskapsi.v5i2.53735

Abstract

Corruption remains a pervasive issue in Indonesia, weakening institutional integrity, distorting public resource allocation, and eroding public trust. Traditional mechanisms of asset forfeiture rely heavily on the criminal conviction of the perpetrator, often resulting in impunity due to procedural obstacles, prolonged litigation, or the death of suspects. This paper introduces the concept of treating assets—particularly those suspected to be derived from corrupt practices—as legal subjects, independent of their human owners. The main objective is to critically assess the feasibility and normative implications of this concept within Indonesia's legal framework. Employing a normative juridical methodology with statutory and conceptual approaches, the study reviews existing legal provisions, jurisprudence, and relevant legal theories. The findings suggest that recognizing assets as legal subjects may provide a legal basis for non-conviction-based asset forfeiture, thereby offering a more effective route to recover proceeds of corruption. This approach aligns with global best practices and the standards set forth in the United Nations Convention against Corruption (UNCAC). However, adopting this concept requires the establishment of clear legal safeguards to protect fundamental rights and prevent arbitrary enforcement. The paper concludes by proposing recommendations for legal reform that would enable the integration of this concept into Indonesia’s anti-corruption legal infrastructure, potentially transforming the future of asset recovery efforts.