Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions

The judge has the authority to impose additional criminal decisions in criminal acts of corruption in the form of confiscation of goods belonging to third parties in good faith. Article 19 Paragraph (2) of the Anti-Corruption Law states that third parties who have good intentions can claim their rig...

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Main Author: Melkianus Ndaomanu
Format: Article
Language:English
Published: Universitas Negeri Semarang 2023-10-01
Series:Unnes Law Journal
Subjects:
Online Access:https://journal.unnes.ac.id/sju/ulj/article/view/75565
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author Melkianus Ndaomanu
author_facet Melkianus Ndaomanu
author_sort Melkianus Ndaomanu
collection DOAJ
description The judge has the authority to impose additional criminal decisions in criminal acts of corruption in the form of confiscation of goods belonging to third parties in good faith. Article 19 Paragraph (2) of the Anti-Corruption Law states that third parties who have good intentions can claim their rights (object) to the confiscation of goods in a corruption crime decision no later than 2 (two) months after the court decision is pronounced in a hearing open to the public. However, the Corruption Law does not clearly regulate how to submit and examine objections so that in practice there are differences in interpretation by the applicant, respondent and judge in submissions and examinations at trial, so that there is no guarantee of unity and certainty in the legal application of rights claims (objections) to confiscation of goods in the decision of criminal acts of corruption. The legal problem that arises is what are the regulations regarding the submission and examination of claims (objections) of third parties who have good intentions regarding the confiscation of goods in the decision of a criminal act of corruption? Regulations regarding the submission and examination of claims for the rights of third parties in good faith regarding the confiscation of goods in decisions regarding criminal acts of corruption, including the legal position of the parties, method and time of submission, authority to adjudicate, evidence, and legal remedies and implementation of the decision.
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spelling doaj.art-e036fc03651f48d3adbafe56cce01feb2024-01-18T08:12:41ZengUniversitas Negeri SemarangUnnes Law Journal2252-65362023-10-019235737610.15294/ulj.v9i2.7556575565Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal DecisionsMelkianus Ndaomanu0Faculty of Law, Universitas Kristen Artha Wacana KupangThe judge has the authority to impose additional criminal decisions in criminal acts of corruption in the form of confiscation of goods belonging to third parties in good faith. Article 19 Paragraph (2) of the Anti-Corruption Law states that third parties who have good intentions can claim their rights (object) to the confiscation of goods in a corruption crime decision no later than 2 (two) months after the court decision is pronounced in a hearing open to the public. However, the Corruption Law does not clearly regulate how to submit and examine objections so that in practice there are differences in interpretation by the applicant, respondent and judge in submissions and examinations at trial, so that there is no guarantee of unity and certainty in the legal application of rights claims (objections) to confiscation of goods in the decision of criminal acts of corruption. The legal problem that arises is what are the regulations regarding the submission and examination of claims (objections) of third parties who have good intentions regarding the confiscation of goods in the decision of a criminal act of corruption? Regulations regarding the submission and examination of claims for the rights of third parties in good faith regarding the confiscation of goods in decisions regarding criminal acts of corruption, including the legal position of the parties, method and time of submission, authority to adjudicate, evidence, and legal remedies and implementation of the decision.https://journal.unnes.ac.id/sju/ulj/article/view/75565claims of rightsthird parties in good faithconfiscation of goodscriminal acts of corruption
spellingShingle Melkianus Ndaomanu
Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions
Unnes Law Journal
claims of rights
third parties in good faith
confiscation of goods
criminal acts of corruption
title Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions
title_full Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions
title_fullStr Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions
title_full_unstemmed Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions
title_short Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions
title_sort claims for the rights of third parties in good faith against confiscation of goods in corruption criminal decisions
topic claims of rights
third parties in good faith
confiscation of goods
criminal acts of corruption
url https://journal.unnes.ac.id/sju/ulj/article/view/75565
work_keys_str_mv AT melkianusndaomanu claimsfortherightsofthirdpartiesingoodfaithagainstconfiscationofgoodsincorruptioncriminaldecisions