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Resolving execution of judgment in Indonesia investment fraud case to ensure asset recovery for victims

Bibliographic Data

ID21804068
AuthorsKuat Puji Prayitno (0000-0003-0481-2439), Dwiki Oktobrian (0000-0001-6772-1409), Tedi Sudrajat (0000-0003-2734-2820), Sri Wahyu Handayani (0000-0001-7507-9014)
Year2024
Volume66
Issue3
Pages81-95
Publication date2024-12-13
Open AccessYes
TypeARTICLE
VenueRevista Criminalidad (JOURNAL)
Journal identifiersISSN: 1794-3108 • E-ISSN: 2256-5531
PublisherDireccion de Investigacion Criminal e Interpol - DIJIN (PUBLISHER)
DOI10.47741/17943108.663
OpenAlexW4407130666
LanguageEN

In response to investment fraud, the criminal justice system should place the victim at the centre, considering their financial loss. Indonesia has responded by establishing asset recovery for victims; however, there are signs of stagnation in its execution. This study aims to explain the causes and solutions to such stagnation so that victims can benefit from the justice system. This study uses a case study and statutory approach to analyse the operation of execution provisions in asset recovery. A case in the city of Cirebon (West Java Province) was selected because the execution has not been completed despite having been initiated since 2017 to prevent similar failures, as Indonesian courts have now tended to favour asset recovery. Primary data were obtained from interviews with officers directly involved in the execution of the case, supplemented by secondary data obtained through regulatory analysis and a literature study. This article discloses the serious problems in asset liquidation faced by executing agencies, as perpetrators have already completed their prison terms, even though victims have yet to receive their entitlements. Prolonged stagnation has led to the perception that access to asset recovery is non-executable. This study offers a solution towards synchronising regulations and empowering the resources of the criminal justice system more optimally

Actuarial science · Business · Computer security · Political science · Computer Science · Indonesian Legal and Regulatory Studies · Law · Finance

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