Juridical Analysis Regarding the Implementation of Asset Auction for Replacement Payment Related to Rights of Corruption Case in Class I Sukamiskin Institution Associated with Regulation of the Minister of Law and Human Rights of the Republic of Indonesia
Keywords:
Asset Auction, Compensation Money and Convict RightsAbstract
The implementation of asset auctions for payment of replacement money related to the rights of convicts in corruption cases is something that deserves attention, because it has a very important impact on law enforcement. Thus the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 3 of 2018 is considered a regulation in reviewing and analyzing compensation money related to the rights of convicts in Correctional Institutions. The purpose of this research is to find out the implementation of asset confiscation for payment of replacement money for the rights of convicts in corruption cases in Class I Penitentiary Sukamiskin Bandung, as well as to find out the obstacles that hinder the auctioning of confiscated assets for payment of replacement money and what solutions can be taken to overcome these obstacles. The specification of this research is descriptive analytical, while the approach method uses a normative juridical approach. Data collection techniques use secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. While the data analysis using qualitative. The results of this study can be concluded that: The rights of convicts in corruption cases according to Minister of Law and Human Rights Regulation No. 3 of 2018 have not been carried out because the payment of criminal compensation money with confiscation of assets is not followed by an auction according to Supreme Court Regulation Number 5 of 2018 2014. Obstacles - obstacles faced by law enforcers in carrying out asset auctions, apart from having to go through predetermined procedures also require a long time, this is due to various things such as the confiscated assets are joint assets, or are outside the jurisdiction of the country of Indonesia. The author suggests that it is necessary to revise the Correctional Law, by first taking steps in the form of studying and evaluating the policy on the rights of convicts in corruption cases. There is also a need for special rules regarding Asset Auctions for Corruption Crime cases, so that synchronization between rules and the implementation of prisoners’ rights can be fulfilled, besides that good cooperation between convicts and law enforcement is needed regarding the disclosure of confiscated assets in order to facilitate the return of losses to the state, so that the rights of citizens assisted by correctional cases of corruption can obtain their rights in accordance with the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 3 of 2018
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