Both Are Detained By The State, What Is The Difference Between Asset Confiscation And Asset Confiscation?

Illustration of confiscation of assets (Pixabay).

YOGYAKARTA Some people may still be confused by the term confiscation and confiscation of assets. Moreover, these two terms both have the meaning of being detained (disputed by the state). So, what is the difference between confiscation of assets and confiscation of assets?

"According to the Regulation of the Indonesian Prosecutor's Office Number 7 of 2022 concerning the Second Amendment to the Regulation of the Accounting Prosecutor Number Per-027/A/JA/2014 concerning Guidelines for Asset Recovery, what is discussed by confiscation of assets is legal action carried out by the PPA and/or the technical work unit of the Prosecutor's Office, to take over control/separate the rights to assets of a person/corruption, under the control of the PPA based on the determination of a judge or court decision that has obtained permanent legal force," quoted by VOI, Wednesday, November 16, 2022.

Meanwhile, what is meant by confiscation of Assets according to Article 1 number 16 of the Criminal Procedure Code is a series of actions by investigators to take over and or store under the control of moving or immovable objects, tangible or intangible for the sake of proof in the investigation, prosecution and trial.

Based on Pasa 38 of the Criminal Procedure Code, confiscation of assets can only be carried out by investigators with permission from the head of the local District Court. However, under urgent circumstances, confiscation can be carried out by investigators first and then after that it must be reported to the Chairman of the District Court, for approval.

As for the confiscated objects, among others:

The confiscated objects will be returned to the owner or to those who are entitled if:

Differences in State Confiscation Goods and State Confiscation Objects

Explanation of state booty and state confiscated objects is regulated in Permenkumham Number 16 of 2014 concerning Procedures for Management of State Confiscation Objects and State Confiscation Goods at State Confiscation Storage Houses.

Based on these regulations, what is meant by the confiscated state (Baran) is confiscated objects based on court decisions that have received legal force which are still declared confiscated for the state.

Meanwhile, what is meant by state confiscated objects (Basan) is objects confiscated by the state for judicial purposes. This object can be confiscated by investigators or public prosecutors for the purposes of evidence during the judicial process.

From the explanation above, it can be concluded that confiscation can only be carried out based on the court's decision stating that the goods were confiscated by the state.

On the other hand, the confiscation carried out by investigators was only temporary, where a person's belongings were released from him for the sake of proof during the trial.

If the confiscated goods are the result of a criminal act, then the next action against these goods is to be confiscated for the state through a court decision.

That is information about the difference between confiscation of assets and confiscation of assets. May it be useful!