Legal Review of Asset Forfeiture of Criminal Proceeds from Corruption without Conviction (Non-Conviction Based Asset Forfeiture) as an Effort to Recover State Financial Losses

Abstract

Corruption causes major state losses, but Indonesia’s asset forfeiture still depends on criminal convictions. Non-Conviction Based Asset Forfeiture (NCBAF) offers an effective alternative, especially when perpetrators are fugitives, deceased, protected by immunity, or assets are held by third parties. Comparative analysis with the U.S. and Thailand shows NCBAF is supported by centralized institutions and integrated legal systems, enabling faster cross-border asset recovery. Thus, enacting the Asset Forfeiture Bill is essential to enhance state loss recovery through modern and progressive legal frameworks.