Legal Protection for Debtors in Standard Contracts Related To the Application of the “Cross Default” Clause in Credit
- July 6, 2021
- Posted by: RSIS
- Categories: IJRISS, Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue VI, June 2021 | ISSN 2454–6186
Ferry Anka
Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia
Abstract: Efforts for stolen asset recovery as a result of criminal acts of corruption are always not an easy task. This is because the corruption offenders have many broad access and they are difficult to reach in terms of hiding or money laundering. Stolen assets recovery from corruption are increasingly difficult to do because the so called save haven has crossed the country’s territorial boundaries and as an organized crime, even corruption often involves corporations as the perpetrator. Method research used normative legal model. Sources of data in this study were secondary data. The data was collected by using literature study and interviews, while the data analysis technique used was qualitative normative methods. The result of this research is that arrangement and position of state attorneys in efforts to recover state assets due to criminal acts of corruption play a very important role. Prosecutors as state lawyers have a role to enforce the law by filing a lawsuit or petition to the Court in the civil field as stipulated by statutory regulations in order to maintain legal order, and protect the interests of the country and government as well as the civil rights of the people.
Keywords: Corruption, Asset, State Attorneys, Recovery
I. INTRODUCTION
Actions to country’s stolen assets recovery have occupied a very important position in eradicating corruption[1]. It is based on the fact that the consequence of the criminal act of corruption has stolen country’s assets which are very much needed to reconstruct and rehabilitate society through development in all fields[2].
Efforts for stolen asset recovery as a result of criminal acts of corruption are always not an easy task.[3] This is because the corruption offenders have many broad access and they are difficult to reach in terms of hiding or money laundering[4]. Stolen assets recovery from corruption are increasingly difficult to do because the so called save haven has crossed the country’s territorial boundaries and as an organized crime, even corruption often involves corporations as the perpetrator[5]. Even efforts to conceal assets also involve developing or poor countries whose assets are stolen and then hidden in developed countries such as Singapore and Switzerland.
