STUDI PERBANDINGAN PERAMPASAN ASET TINDAK PIDANA KORUPSI BERDASARKAN DUE PROCESS OF LAW ANTARA INDONESIA DENGAN NEGARA AMERIKA SERIKAT

Corruption as a crime that is still very high in Indonesia has caused the country to experience many losses in terms of budget and time. One of the government's efforts to eradicate corruption is by means of Confiscation of Asets Proceedings of Corruption. The focus of this research is on the Comparative Study of the Regulation of Confiscation of Corruption Asets Based on Due Process of Law Between Indonesia and the United States. The problems discussed in this study are 1) How are the problems of regulating aset confiscation based on Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption? 2) How is the comparison of aset confiscation regulations between Indonesia and the United States? The purpose of this study is to determine and examine the problems of regulating the confiscation of corruption asets contained in positive regulations in Indonesia and their comparison with the United States. In this study, it was found that there were significant differences between Indonesia and America. That Indonesia still places aset confiscation as an additional optional criminal offense, while America has fully implemented the concept of aset confiscation regulations based on UNCAC. In addition, there are advantages and disadvantages to each of these regulations. The research method used in this study is normative juridical, where research is conducted by finding legal facts based on existing legal norms. The conclusions and suggestions in this study are that aset confiscation in Indonesia is an additional optional criminal offense. While America has implemented Non Conviction Based, where law enforcement is more focused on the process of returning asets than on criminalization. So the government and legislative institutions must change the aset confiscation regulations to be harmonized with UNCAC. And the government must form implementing regulations for Law Number 7 of 2006 concerning the Ratification of UNCAC so that it can be implemented effectively and comprehensively.