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VOL. 9, ISSUE 5 (2023)
The urgency of regulating crypto asset confiscation against criminal acts in Indonesia
Authors
Anggih Romadhon, Yudho Taruno Muryanto
Abstract
The development of world civilization today
towards modernization is very complex. This brings about changes in every
aspect of human life. Crime is also growing including cybercrime, money
laundering, and corruption and so on, this has consequences as well as developments
in the means of crime. If in the past crime assets were concentrated on money
and assets, now the flow of funds from crime is also flowed to cyptocurrency
assets. Crypto assets are included in intangible assets, namely
intangible assets, but have value. Because it has value, the asset should be
confiscated in accordance with Article 39 Paragraph 1 of the Code of Criminal
Procedure and Article 1 point 16 of the Code of Criminal Procedure, namely
Confiscation is a series of actions of the Investigator to take over and or
keep under his control movable or immovable objects, tangible or intangible for
evidentiary purposes in investigation, prosecution and trial. The interesting
thing is that currently Indonesia does not have a special regulation regarding
the confiscation of crypto assets and still relies on conventional confiscation
arrangements, namely physical objects, both movable and immovable. In the
Indonesian Criminal Procedure Law, there are confiscations regarding Tangible
Objects and Intangible Objects. There is a regulatory loophole that has not
been filled so far when it comes to crypto assets. How the seizure is carried
out, what kind of seizure it looks like, what qualifications must be possessed
by law enforcement officials to make a seizure, what the retention period will
be, what the execution will be like after the inkracht van gewijsde
verdict, how to put the assets during the investigation and trial. These
problems have not been answered by existing regulations, so according to the
author, it is appropriate for the state to present these regulations for the
creation of justice, certainty and legal expediency.
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Pages:213-215
How to cite this article:
Anggih Romadhon, Yudho Taruno Muryanto "The urgency of regulating crypto asset confiscation against criminal acts in Indonesia". International Journal of Law, Vol 9, Issue 5, 2023, Pages 213-215
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