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Original Research

THE URGENCY OF STRENGTHENING THE INVESTIGATION SYSTEM IN THE SEIZURE OF ASSETS RESULTING FROM NARCOTICS CRIMES IN INDONESIA

KRISTIAN SIAGIAN 1, LIES SULISTIANI 2, and ELIS RUSMIATI 3.

Vol 18, No 05 ( 2023 )   |  DOI: 10.17605/OSF.IO/29C4T   |   Author Affiliation: Doctor of Law Studies Program, Faculty of Law, Universitas Padjadjaran, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 755-769   |   Published on: 17-05-2023

Abstract

Indonesia and many countries have taken many steps to improve the criminal law and enforcement of narcotics crimes. One of the interesting steps is the seizure of assets resulting from narcotics crimes, which is carried out without waiting for the completion of the criminalization process or the imposition of punishment on the perpetrator. This research is conducted on the importance of strengthening the investigation system related to asset forfeiture. This research method uses a normative approach and an empirical approach. With this type of research, various secondary data and primary data are examined as well as observing the practice of law enforcement in narcotics crime cases and conducting interviews with law enforcement sources. It is concluded that the seizure of assets resulting from narcotics crimes in Indonesia so far still has obstacles because there is no procedural law for law enforcers to make efforts to seize assets resulting from these criminal acts. Furthermore, it is necessary to strengthen the investigation system in the practice of asset forfeiture without punishment, in narcotics crimes, by adopting the follow the money paradigm in the criminal justice process and providing strengthening and expansion of the role of the police as investigators, so that it also includes its authority in asset forfeiture without punishment.


Keywords

Narcotics Crime, Asset Forfeiture, Investigation