DiH (Feb 2024)

Characteristics of Illicit Enrichment as a Corruption Crime

  • Cholifatul Islamiah,
  • Erny Herlin Setyorini

DOI
https://doi.org/10.30996/dih.v20i1.9844
Journal volume & issue
Vol. 20, no. 1
pp. 34 – 49

Abstract

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The practice of corruption in Indonesia has occurred systematically and widely in the life of society so that corruption can be called an extraordinary crime. In addition, the absence of illicit enrichment as a criminal offense in the corruption eradication law is a serious matter. Considering that Indonesia has ratified the UNCAC, which shows that Indonesia agrees to the provisions contained therein, including illicit enrichment. The purpose of this study is to identify and elucidate the traits that distinguish the crime of illicit enrichment from other forms of corruption. This study uses conceptual, comparative, and legislative methods to examine normative legal issues. The study's findings indicate that there are traits comprising multiple components that identify this illegitimate enrichment as a corrupt act. The court also determines the suspect's assets or money concerning the illicit enrichment crime. The court will evaluate the information submitted and decide if the targeted individual has unlawfully or illegally enriched themselves to establish whether the elements of inappropriate wealth and income have been proven and illicit enrichment has happened. The notable increase in wealth among public officials raises questions about whether they are the owners of assets obtained illegally. In light of this, controlling illicit enrichment is essential to the battle against corruption.

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