Strategies for Preventing and Enforcing the Corruption Law in the Return of Corruption Assets in a Foreign Country that Does Not Have Diplomatic Relations with Indonesia

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Sutiarnoto, Seno Wibowo Gumbira, Kukuh Tejomurti

Résumé

Transparency International's report in 2020 placed Indonesia in the 102nd position in the world with a 5-point score increase since 2012. However, a problem regarding economic losses still exists, as lost materials are not recovered, especially those hidden in other countries due to corruption. Therefore, this article examines the subject matter of preventing and eradicating corruption concerning the return of assets. It focuses on countries lacking diplomatic relations with Indonesia, as law enforcers are often constrained by jurisdiction and authority boundaries. The doctrinal law through conceptual and statute approaches was employed. Subsequently, the results showed that the corruption and reciprocal assistance laws in criminal matters are still unable to reach certain assets. This specifically involves those resulting from corruption and placed in countries without established diplomatic relations. However, other means can be used for this situation, such as asking for help from other countries to represent Indonesia in the return of such assets.

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