PRINCIPLE OF LEGAL CERTAINTY TOWARD NON-CONVICTION BASED ASSET FORFEITURE IN INDONESIA: A SOCIO LEGAL STUDY

The principle of legal certainty is crucial in implementing Non-Conviction Based Asset Forfeiture (NCBAF) as an innovative approach to combating corruption and transnational organized crimes in Indonesia. This study employs a socio-legal research method, combining normative legal analysis of existing statutory frameworks with empirical data on judicial practices and enforcement mechanisms. The findings reveal a tension between the urgent need for effective asset recovery and the risk of undermining constitutional rights, particularly due process and property rights, when forfeiture is conducted without a criminal conviction. Despite existing regulations under Law No. 8 of 2010 and relevant Supreme Court decisions, inconsistent judicial interpretations and inadequate institutional capacity hinder effective implementation. The study recommends harmonizing legislative provisions with international standards, strengthening judicial training, and enhancing public oversight mechanisms to ensure both efficient asset recovery and protection of fundamental rights, thus fostering public trust in Indonesia’s legal system.