ANALISIS YURIDIS PENGATURAN ASSET RECOVERY DALAM PASAL 18 UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI

Asset recovery is an essential effort in recovering state losses caused by corruption crimes, by confiscating and returning assets obtained from the proceeds of crime. Article 18 regulates the obligation of the convicted person to pay restitution as a form of repayment of state losses, as well as the provisions for confiscation and auction of the convicted person's property if the restitution cannot be paid within the specified period. This analysis examines and evaluates the extent to which the provisions in Article 18 can contribute to asset recovery, by highlighting the potential, challenges and weaknesses therein. This research is normative research, which focuses on studying the rule of law through a statutory approach. Based on this research, although Article 18 has provided a legal basis for the recovery of state assets, the main challenge lies in the weakness of the article contained in Article 18 paragraph (4). In addition, the effectiveness of the implementation of confiscation and return of assets, especially in cases with convicts who do not have sufficient assets, also adds to the complexity of the field. The regulation in Article 18 of the Corruption Eradication Law needs to be reviewed more comprehensively because this article is more often used as an option. This article then raises the potential that can provide opportunities and opportunities for convicted corruptors not to return assets by hiding and transferring assets during the prosecution process, because the public prosecutor can only confiscate assets after a judge's decision. Overall, the evaluation of the effectiveness of Article 18 of the Corruption Eradication Law shows several weaknesses. This research is expected to contribute to efforts to increase the effectiveness of corruption eradication and state asset recovery in Indonesia.