Asset Recovery and Mutual Legal Assistance in The Perspective of Criminal Law in Indonesia
Universitas Islam Indonesia
Universitas Islam Indonesia
A consensus has been reached that corruption is universal. It exists in all countries, both developed and developing, in the public and private sectors, as well as in non-profit and charitable organizations. Article 3 of the United Nations Convention Against Transnational Organized Crime (UNTOC) qualifies corruption as a crime that can transcend national borders. The problem of corruption as a transnational crime has been going on for a long time and is believed to have affected various aspects, two of which are Asset Recovery and Mutual Legal Assistence (MLA). The commitment of the international community to tackle these two subsequent problems is through the establishment of United Nation Convention against Corruption (UNCAC) in 2003. However, these two issues have not been resolved in Indonesia. During the period of 2001-2012, from 704 identified assets, only 22 were successfully recovered. In total, Indonesia only managed to recover USD 3 billion from a potential USD 554,89 billion allegedly stolen. One of the reasons is because MLA can not be carried out directly by law enforcement officials, but by the Ministry of Law and Human Rights as Central Authority (CA). Additionally, MLA is often hampered by the dual criminality principle. Indonesia has sparsely success rates in repatriating stolen assets, partly due to several challenges posed by different legal systems and legal traditions; weak of capacity of law enforcement agencies and other relevant agencies to carry out the work; lack of resources and trained personnel to handle the asset recovery and mutual legal assistance; the complexity of the asset recovery process; and low interest in countries where assets are located.
Keyword : corruption, crime, asset recovery, mutual legal assistence
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