Abstract

Money laundering is a crime that harms the interests of the community, results in economic instability of a country and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Reflecting on this, asset forfeiture is important because the approach method used is known as "follow the money". This study reviews asset forfeiture in money laundering from a justice perspective. This study is a normative or doctrinal research, also referred to as dogmatic research with a conceptual and legislative approach. Studies show that asset forfeiture in money laundering has actually been regulated in Indonesia in the form of criminal forfeiture based on the Criminal Code and Criminal Code, civil forfeiture and administrative forfeiture based on the PPTPPU Law, but in its regulation and implementation there are still legal loopholes that can be used by criminals to hide the proceeds of their crimes, so that they have not provided a sense of justice, harming the state and society as victims of laundering crimes money. Based on the perspective of justice rooted in the principle of fundamental justice, it is stated that crime should not benefit the perpetrator. This underlies the need to expand the scope of asset forfeiture regulations, especially related to civil/in brake forfeiture by reformulating the provisions in the PPTPPU Law. In addition, the expansion of the scope can also be done through laws and regulations that specifically regulate the confiscation of assets with the direction of the scope of regulation that is not only limited to assets in the accounts of financial service provider users, but to all assets related to crime. Strengthening the protection of third parties in good faith also needs to be regulated to increase the sense of justice for the community and the state.