PERAMPASAN ASET TANPA DIDAHULUI PUTUSAN PIDANA SEBAGAI UPAYA PERTANGGUNG JAWABAN KEPADA NEGARA BAGI PELAKU TINDAK PIDANA KORUPSI STUDI KOMPARASI NEGARA THAILAND

Efforts to combat corruption have thus far been unable to fully recover state assets and losses. This can be evidenced by data from the Indonesian Corruption Watch (ICW), which states that from 2021 until now, on average, only 2.2% of recoverable losses have been returned to the state. This issue arises due to weaknesses in the legislative framework governing corruption offenses, as well as deficiencies in asset forfeiture mechanisms and inadequate supervision of the forfeiture process. This paper aims to explore the implementation and regulation of Non-Conviction Based Asset Forfeiture mechanisms in Indonesia and Thailand. The objective is to understand and minimize state losses through these mechanisms. The research methodology employed is juridical normative, utilizing literature review as the primary data collection technique. The conclusion drawn is that asset forfeiture in Indonesia and Thailand shares similarities and differences. Indonesia's weaknesses include the requirement under the Anti-Corruptio Law that asset forfeiture can only occur after a final court decision, and the substitution of fines with imprisonment. The author suggests passing the Asset Forfeiture Bill into law to comprehensively regulate an ideal asset forfeiture mechanism using the NCBAF concept. This would integrate ministries and agencies responsible for managing and executing asset forfeiture processes related to criminal activities, aiming for more effective asset recovery aligned with the constitutional goals of justice and prosperity as per the 1945 Constitution