June 15, 2009

Stolen Recovery Assets

  1. Whether the legislation can still be used to ensure the theft of assets?
  2. Whether the procedure should be adopted in return assets are?
Answer:
  1. Yes, can still be used, although it does not close the possibility of legal reform to make legal material or formal. With all kinds of regulations that have so far, should have assets that the Indonesian government had stolen by corrupt officials, can be detected and can be returned again.
  2. Political willpower is the most important things in addition to the procedures in the Criminal and Civil return of stolen state assets. Therefore, the Government must have the political will and establish a special institution for repayment of state assets. Institute special duty inventarized contracts made by state-owned-owned during the Soeharto, deed, deed of company that was built during the Soeharto government fired to Soeharto, and the contracts made by the companies that. However, for the deed-deed, the notary and deed, especially documents that required court permission. this case the courts can help and that the rate of the company is feasible or not. In addition to the Criminal procedure (repressive), must also be a Civil procedure (a strategy for asset returns), required two reasons for this procedure is to create legal certainty, so that corruption must responsible a criminal, and restore the assets of the State he has been surreptitious (result of corruption / crime). In case the verification procedures in the Civil, the government has enough initial evidence that has been collected by the special law enforcement or other assets that will be taken / be is the result of a crime. calculate how much the Government is quite a decent income for actors, and compares with the assets owned. assets that exceed the amount of income, then the obligation to prove that the assets are legally obtaining and not against the law. If the perpetrator can not membuktikannya then assetnya should be confiscated.

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