Legal Challenges in Confiscating Intangible Assets Based on Pancasila Values of Justice

DOI

10.2991/978-2-38476-519-5_45How to use a DOI?

Keywords

Criminal Regulation; Intangible Objects; Confiscation; Justice; Pancasila

Abstract

The world’s development is currently moving towards increasingly complex and widespread modernization. All aspects of life are affected this and of course brings great changes in every line of human life. Crimes are also increasingly developing, including crimes in the digital world, money laundering, corruption and so on, this brings consequences as well as developments to the means of crime. This study, it aims to find out and analyze the legal certainty based on Pancasila justice from the confiscation of intangible assets in criminal cases, especially in Indonesia and is expected to provide an embryonic theory and concept of ideal technical rules regarding the regulation of intangible objects in the judicial system in Indonesia. The research method carried out is by using the normative legal research method (Normative Legal Approach) which is a legal research that examines the principles and concepts of legal rules which will later become the embryo of positive legal technical rules of legislation, especially in the regulation of intangible objects, starting from the stage of investigation, investigation, prosecution, execution of decisions until finally deposited into the state treasury and recorded as state wealth. In normative law research, law is a norm, both related to the ius constituendum and norms that have been embodied in positive rules (ius constitutum) to ensure its certainty. In this study, the author has the conclusion that the regulations regarding intangible assets that currently exist in the Criminal Law and Criminal Procedure Law in Indonesia have not expressly and completely regulated Intangible Assets so it is necessary to immediately form regulations that contain a special mechanism regarding this matter. However, in this article, the author is specifically about the aspect of confiscation only. In making many special regulations, Indonesia can adopt several existing international regulations, includingTthe Basic Manual On The Detection And Investigation Of The Laundering Of Crime Proceeds Using Virtual Currencies published by United Nations Office on Drugs and Crime (UNODC) and several other countries regulations including Malaysia, the United States of America, and the United Kingdom.

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  - Anggih Romadhon
AU  - Hartiwiningsih Hartiwiningsih
AU  - Muhammad Rustamaji
PY  - 2025
DA  - 2025/12/29
TI  - Legal Challenges in Confiscating Intangible Assets Based on Pancasila Values of Justice
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 571
EP  - 580
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_45
DO  - 10.2991/978-2-38476-519-5_45
ID  - Romadhon2025
ER  -