PENYITAAN ASET DIGITAL BERUPA CRYPTOCURRENCY SEBAGAI UPAYA PEMULIHAN KERUGIAN NEGARA HASIL TINDAK PIDANA KORUPSI OLEH KEJAKSAAN

This research examines the differences between the seizure process of digital assets such as cryptocurrency and the seizure of conventional physical assets conducted by the Prosecutor’s Office in corruption cases, as well as the challenges encountered in executing digital asset seizures. The seizure of digital assets introduces new complexities into the Indonesian criminal justice system due to their intangible nature, decentralized structure, and reliance on blockchain technology, which makes tracing significantly more difficult. Unlike conventional asset seizures such as houses, vehicles, or movable goods which involve physical control and visible seizure markings, digital asset seizures rely on wallet blocking, securing private keys, and official public announcements to ensure the legitimacy of state control. This study adopts an empirical juridical approach by analyzing relevant statutory regulations, examining practices at the Malang City Prosecutor’s Office, and comparing procedural differences between physical and digital asset seizures. The findings reveal that the primary obstacles in seizing digital assets include the absence of specific regulations, difficulties in obtaining technical access, transactional anonymity, and limited human resource capacity in digital forensic expertise. The study highlights the urgent need for comprehensive national guidelines on digital asset seizure and capacity building for law enforcement agencies to ensure effective state asset recovery and compliance with the principle of legal certainty.