Cross-Border Corruption Asset Recovery as an Instrument for Restoring Victims' Rights: A Study of UNCAC and Asset Recovery Practice

Abstract

Cross-border corruption asset recovery has historically operated under a state-centric paradigm, returning repatriated assets into general state revenues as Non-Tax State Revenue (PNBP) while neglecting the socio-economic rights of impacted communities. This study aims to conduct a comparative analysis between UNCAC's asset recovery framework and the victim-centric reparation model of the ICC Trust Fund for Victims (TFV), evaluating their integration into the Non-Conviction Based (NCB) asset forfeiture mechanism under Indonesia's draft Asset Forfeiture Bill. Utilizing normative legal research with statutory, comparative, and conceptual approaches, the findings reveal that UNCAC Chapter V primarily addresses state financial loss, whereas the ICC TFV directly restores community harm. Consequently, implementing NCB forfeiture in Indonesia must transcend mere property confiscation by institutionalizing an earmarked fund for repatriated assets, effectively offsetting the social cost of corruption borne by society. Building on this framework, the study further constructs an operational disbursement model that legally traces PNBP-funneled forfeiture proceeds back to the specific affected community through an earmarked functional PNBP account, positioning the Prosecutorial Asset Recovery Agency (Badan Pemulihan Aset/BPA) of the Indonesian Attorney General's Office as the central implementing body, without violating the unity-of-treasury principle.