Analisis Maslahah tentang Perampasan Aset Terpidana Korupsi terkait RUU Perampasan Aset

Abstract

The Asset Forfeiture Bill (RUU Perampasan Aset) has garnered significant public attention due to its potential to recover state assets lost through criminal acts, particularly corruption. While it offers a more efficient mechanism for asset recovery, the bill also raises concerns regarding potential human rights violations and the abuse of power. Therefore, a thorough study is necessary to comprehensively identify the benefits and risks that may arise from the implementation of this law.This research employed a library research method with a normative juridical approach. The findings indicate that, firstly, the Asset Forfeiture Bill presents several advantages, including more streamlined procedures and enhanced effectiveness and efficiency. Its primary mechanism is civil asset forfeiture (NCB asset forfeiture), based on the principle of reverse burden of proof.

Secondly, the benefits encompassed within the Asset Forfeiture Bill are categorized as maṣlaḥah mu'tabarah, ḍarūriyyah and \ (recognized, essential, and public interests). Conversely, the protection of human rights for corruptors as defendants falls under maṣlaḥah mu'tabarah, ḍarūriyyah and khāṣṣah (recognized, essential, and private interests). In instances where maṣlaḥah ʿāmmah  (public interest) and khāṣṣah (private interest) conflict, the public interest must take precedence.Furthermore, a deeper analysis reveals that the benefits associated with the implementation of the Asset Forfeiture Bill are tangible and evident, whereas the potential harm in the form of human rights violations is not yet demonstrably real. In addressing this dilemma, it is imperative to prioritize realized benefits over potential or perceived harms (mafsadah mawhūmah ).