KONSEP PERAMPASAN ASET DAN PERLUASAN PADA RANCANGAN UNDANG-UNDANG SEBAGAI UPAYA PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM PERSPEKTIF RESTORATIF

Corruption in Indonesia is one of the major issues affecting economic, social, and cultural aspects, and has become a significant obstacle to national development. The widespread practice of corruption, both at the central and regional levels, has led to substantial state losses and exacerbated socio-economic inequality. Despite various efforts to combat corruption, the high level of perceived corruption—as reflected in the decline of Indonesia’s Corruption Perception Index (CPI)—indicates that the application of retributive justice within the Indonesian legal system has not been sufficiently effective in addressing this problem. A restorative approach within the legal framework, which focuses on recovering state losses and promoting social justice, is proposed as an alternative solution, with an emphasis on the confiscation of assets obtained through criminal acts. The Draft Law on Asset Forfeiture (RUU Perampasan Aset) aims to provide a more effective legal mechanism in eradicating corruption, including asset seizure without waiting for a criminal conviction, and introduces the concept of Non- Conviction Based Asset Forfeiture (NCB). This study seeks to analyze the implementation of asset forfeiture in corruption cases and to explain the foundation and rationale behind the necessity of enacting the Draft Law as a preventive measure against corruption. The method used in this research is a normative juridical approach, analyzing legal theories, legislation, and the restorative justice concept reflected in the draft law. The results of the study show that asset forfeiture functions as both a punitive instrument against perpetrators and a tool to recover losses suffered by the public, as has been implemented in countries such as the United States, Singapore, and Denmark. Sociologically, this policy emerged to restore economic stability and strengthen public trust in the legal system. The study also identifies the importance of enacting the Draft Law on Asset Forfeiture as a strategic step aligned with international standards, such as those outlined in the United Nations Convention against Corruption (UNCAC), and as a means to support transparency and asset recovery—even when perpetrators have died or fled. However, when asset forfeiture alone cannot fully restore state losses, the expansion of the draft law to include the confiscation of income generated through forced labor by convicted individuals becomes crucial. Through the restorative justice approach promoted by this legislation, it is expected that the recovery of the national economy will be accelerated and the prevalence of corruption in Indonesia significantly reduced.
Keywords: Corruption, Restorative Approach, Asset Forfeiture.