Asset Recovery Regulation in Corruption Cases: Comparative Legal Frameworks in Southeast Asia under the UNCAC Perspective

Abstract

Asset recovery is a critical yet underdeveloped pillar in the global fight against corruption, particularly in regions with complex transnational illicit flows such as Southeast Asia. This study analyzes the asset recovery frameworks of five ASEAN member states—Indonesia, Malaysia, Singapore, the Philippines, and Thailand—through the normative lens of the United Nations Convention against Corruption (UNCAC), with a focus on Chapters IV and V. Employing a comparative legal methodology supported by doctrinal analysis and policy review, the research reveals significant asymmetries in the adoption of non-conviction-based asset forfeiture (NCBAF), institutional mandates, and the effectiveness of mutual legal assistance (MLA). While Singapore and Malaysia exhibit relatively advanced and well-coordinated mechanisms, Indonesia, the Philippines, and Thailand face legal, procedural, and political constraints that hinder the efficient recovery of stolen assets. The absence of a regional coordination mechanism, such as a dedicated ASEAN Asset Recovery Office or platform, exacerbates these limitations. Drawing from the legal gaps and institutional fragmentation identified, this paper proposes the establishment of an ASEAN Asset Recovery Mechanism (AARM) to enhance cross-border cooperation, standardize procedural frameworks, and promote regional harmonization aligned with UNCAC principles. The findings contribute to the evolving discourse on transnational anti-corruption strategies and highlight the urgency of institutional innovation in the Global South.