URGENSI HUKUM TENTANG PERAMPASAN ASET PELAKU KORUPSI DI INDONESIA MENURUT TEORI JOHN RAWLS DAN JEREMY BENTHAM

Corruption in Indonesia is a serious issue with far-reaching impacts, marked by a significant rise in cases and substantial state losses. However, the asset recovery rate remains extremely low (only around 13% of the IDR 56 trillion in losses reported in 2023). Systemic weaknesses in the Anti-Corruption Law (UU Tipikor), such as the classification of asset forfeiture as an additional punishment and the absence of detailed provisions, hinder the recovery of state losses and create loopholes for corrupt actors. This problem is exacerbated by the difficulty in proving the origins of assets and the reliance on final criminal convictions, in contrast to developed countries like Switzerland, which apply Non-Conviction-Based Asset Forfeiture (NCBAF) mechanisms.This study aims to analyze the urgency of reconstructing asset forfeiture laws in Indonesia, evaluate the effectiveness of existing regulations, and propose more comprehensive legal reforms to support anti-corruption efforts. The research method used is normative juridical, conducted through literature studies of primary, secondary, and non-legal materials. The approach involves statutory, case-based, and conceptual analyses.The findings indicate that legal reconstruction through the ratification of the Draft Law on Asset Forfeiture (RUU Perampasan Aset) is urgently needed. The perspective of John Rawls, the low rate of asset recovery in corruption cases contradicts the principles of distributive justice. Meanwhile, according to Jeremy Bentham, the enactment of this bill would maximize collective happiness by recovering state losses, creating a deterrent effect, and promoting economic growth. In conclusion, reforming asset forfeiture laws in Indonesia is a critical necessity to address systemic failures in recovering state losses due to corruption. The main recommendation is for the government and the House of Representatives (DPR) to prioritize the ratification of the Asset Forfeiture Bill (RUU Perampasan Aset), strengthen institutional capacity, improve international cooperation, implement reverse burden of proof, and enhance transparency in asset management.