Ratio Legis of Asset Seizure of Non-Corruption Result from Corruption Convict in Law Enforcement in Indonesia

Republic of Indonesia is a democratic constitutional state based on Pancasila and Constitution of 1945, upholds human rights and guarantees all citizens with their positions in the law and government and it is obliged to uphold that law and government with no exception. The purpose of law is justice, certainty and benefit. Corruption is a criminal act that is already familiar in Indonesia. In corruption crime, the perpetrators of corruption conduct various modes for the transfer of asset from corruption in order not to be undetected by the law enforcement officers. The transfer of assets from crimes conducted by perpetrators in various ways quickly and easily, so that the result of crime disappears from the monitoring of law enforcement officers. The amount of the state's financial losses caused by corruption is not proportionate to the amount of the state's financial refund due to corruption. That refund of state financial loss should be made in any lawful manner in order to be optimally attempted. Seizure of assets that are not accompanied by proof, already break the rules or existing laws or have violated the rights of the convict, in which the assets were legally obtained. The alleged act must be accompanied by strong evidence and if an act is proven as the indictment then the punishment may be imposed by the judge. Furthermore, it is to seize or doing confiscation goods that are alleged as the result of a crime (criminal act of corruption). Assets cannot be seized without regarding to the rights of convict. Seizure of assets of convict of corruption to return the state financial losses that are derived not from the proceeds of crime is very unfair, it violates Articles 17, 18 and 19 of Law No. 39 year 1999 on Human Rights, it violates Article 28D of the Constitution of 1945, it violates Article 10, 39, 40, 41 of the Criminal Code, it violates Articles 38, 46 and 273 Paragraph (3) of the Criminal Procedure Code and violates Article 18 of Law of Corruption Eradication itself.