Normative Juridical Study on the Effectiveness of Law No. 31 of 1999 in Eradicating Corruption and Regulating Asset Confiscation

Abstract

This study examines the effectiveness of the Statute Number 31 of 1999 on the Eradication of Corruption Crimes in generating a genuine deterrent effect and analyzes its main weakness in regulating asset confiscation. Using a normative juridical approach, the research focuses on the substantive norms contained in the statute and their implementation by law enforcement institutions. The findings indicate that although the statute strengthens the legal framework through severe criminal penalties and the adoption of a reverse burden of proof, its overall effectiveness remains limited. The absence of a comprehensive mechanism for asset recovery allows offenders to retain economic benefits derived from corruption, even after conviction. This condition weakens the deterrent effect, undermines public trust in the justice system, and restricts the state’s ability to restore financial losses. Therefore, strengthening asset confiscation regulations both through criminal and non-conviction-based mechanisms is urgently required to ensure that anti-corruption efforts are not only repressive but also restorative, ultimately promoting substantive justice for society