Implementation of Assets Confiscation in the Corruption Crime in Indonesia as Additional Criminals Based of Human Rights Perspective
Journal Title: International Journal of Social Science And Human Research - Year 2022, Vol 5, Issue 08
Abstract
The confiscation of crime proceeds, or the assets confiscation is the root of very basic justice principle, where a crime should not provide benefits to the perpetrator (crime should not pay), or in other words, a person should not take advantage of the illegal activities he or she is doing. Confiscation of assets that are suspected of being unreasonable can be suspected of violating human rights. If the assets owned exceed the amount of their income, the perpetrator is obliged to prove that the assets were obtained legally. The research method used is normative, which examines and examines using laws and regulations. The result of the research is that the application of asset confiscation is not a violation of human rights. Human rights violations occur when it turns out that assets confiscated are not the result of a criminal act of corruption committed by the defendant. Illegal seizure of assets violates human rights which are the property of citizens. Violations of human rights are regulated in the 1945 Constitution and Law Number 39 of 1999 concerning Human Rights.
Authors and Affiliations
Qurotul ‘Aini Septi Farida
Keywords
Related Articles
- EP ID EP708103
- DOI 10.47191/ijsshr/v5-i8-18
- Views 80
- Downloads 0
Obstacles to Criminal Law Enforcers in Overcoming the Hoax-Spreading Crime
This study discusses efforts to tackle the crime of spreading hoaxes in cyberspace through criminal law and reveals the obstacles law enforcers have in tackling these crimes. The writing method used was a normative jurid...
Representation of Marhaenism Ideology in Joko Widodo's News Photos In Online Media
Photography is a form of nonverbal communication in visual form, and an intermediary medium to interpret something, a form of expression, and to create, produce, and change meaning or reality. On this basis, this study e...
Analysis of the Readiness of Preservice Teachers in Implementing Teaching Practices
This research aims to analyze the readiness of students from the Chemistry Education Department to implement the Teaching Practices (PPL) program in 2023. This type of research is descriptive qualitative with a phenomeno...
Student's Perceptions of Learning Physical Education in Sports, And Health Using a Hybrid Learning System at SMAN 1 Ngluwar, Magelang Regency
Learning using a hybrid learning system is one solution to overcome problems in the world of education during the COVID-19 pandemic. Physical education, sports and health are one of the subjects that are required to impl...
Gender-Based Violence: Women’s Safety in the Kurdistan Region of Iraq
Violence and discrimination against women often originate from entrenched traditions and tribal mentalities, relegating women to subordinate roles within families and society. In many social spheres, boys and men are gra...