Optimizing Asset Recovery in Corruption Cases through the In Rem Forfeiture Approach: An Analysis of the Authority of the Public Prosecution Service of the Republic of Indonesia

DOI

10.2991/978-2-38476-519-5_19How to use a DOI?

Keywords

In Rem Forfeiture; Public Prosecution Service; Asset Recovery

Abstract

Corruption is an extraordinary crime that not only harms state finances but also erodes public trust in government institutions. One of the main challenges in eradicating corruption is the difficulty of recovering assets resulting from corruption which are often hidden or diverted by the perpetrators. This study aims to analyze the optimization of asset recovery in corruption cases through the in rem forfeiture approach (Non-Conviction Based Asset Forfeiture/NCB) by the Public Prosecution Service of the Republic of Indonesia. This approach allows the confiscation of assets without proving the perpetrator’s guilt, making it more efficient in securing state assets. The method of the research is normative legal, involving an analysis of laws and regulations, court decisions, and legal doctrine. The results of the study indicate that although the prosecutor’s authority in in-rem forfeiture has an indirect legal basis or the Public Prosecution Service does have general authority to represent the state, there are no specific regulations that directly mandate or regulate the technical implementation of in rem forfeiture through Article 30 paragraph (1) letter d of Law Number 11 of 2021 concerning Public Prosecution Service of the Republic of Indonesia. Its implementation still faces challenges such as the absence of specific regulations, potential overlapping authorities, and the need for protection of property rights. This study recommends strengthening regulations, increasing the capacity of the Public Prosecution Service’s Human Resources, and synergy between institutions to ensure the effectiveness and accountability of in rem forfeiture in corruption asset recovery.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sophie Khanda Aulia Brahmana
AU  - Hartiwiningsih Hartiwiningsih
AU  - Muhammad Rustamaji
PY  - 2025
DA  - 2025/12/29
TI  - Optimizing Asset Recovery in Corruption Cases through the In Rem Forfeiture Approach: An Analysis of the Authority of the Public Prosecution Service of the Republic of Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 240
EP  - 251
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_19
DO  - 10.2991/978-2-38476-519-5_19
ID  - Brahmana2025
ER  -