Legal Protection Of Third-Party Assets Against Seizure In Criminal Proceedings

Abstract

Confiscation is a coercive effort that must be carried out in accordance with procedural law procedures for the purpose of proving in the process of investigation, prosecution and examination in court. In carrying out confiscation, it often raises problems when the confiscated object is an asset belonging to a third party that is not involved in a criminal act. This article examines the form and limits of legal protection for third-party assets after the enactment of Law of the Republic of Indonesia Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP). The results of the study show that the Criminal Procedure Code strengthens judicial control through court permits, restrictions on the object and value of confiscation, as well as the obligation to return assets belonging to third parties in good faith. However, this protection is still widespread and has not formed a uniform objection mechanism since the investigation stage, so it is necessary to harmonize the standards of good faith and the burden of proof to balance the effectiveness of law enforcement with the protection of third-party property rights.