Perlindungan Hukum Aset Milik Pihak Ketiga Dalam Tindak Pidana Korupsi (Studi Kasus Putusan Kasasi Mari Nomor: 1665 K/Pdt/2020)

Abstract

Legal protection of property owned by a third party in cases of corruption creates a conflict between the state's interest in recovering losses from acts of corruption and the property rights of innocent third parties. This research aims to examine and evaluate the legal process related to the confiscation and taking of goods obtained through crime in the context of corruption. The method used in this study is a normative approach, where law is seen as a structured system of norms. The findings of this study reveal that there is a gap between ideal conditions in the legal protection of third parties and real implementation in handling cases of corruption, which indicates the need for a legal policy conclusion that can link efforts to eradicate corruption with the protection of the rights of third parties who act in good faith. This research is expected to produce regulations through parliament by clarifying and emphasizing the regulation regarding the legal protection of assets owned by third parties in cases of corruption, and as law enforcement officials are obliged to apply the principles of prudence and due process of law in the act of confiscation and prosecution of asset confiscation by conducting strict verification of ownership status and causal relationships between assets and corruption crimes and the panel of judges need to prepare legal considerations that are argumentative, consistent, and oriented towards the protection of the rights of third parties in good faith by explicitly examining the ownership status and the relationship of assets with corruption crimes, so that the resulting verdict can balance the interests of corruption eradication with legal certainty and a sense of justice.