By: Ricky Rinaldi
The government’s commitment to eradicating corruption is increasingly showing its teeth. One of the clearest evidences is the strong push to immediately pass the Asset Confiscation Bill. This regulation is not only important, but also urgent, because it concerns the state’s ability to reclaim assets derived from crimes, especially corruption and money laundering. The government is aware that without effective legal instruments, extraordinary crimes such as corruption will continue to pile up, and state wealth will be further from the hands of the people.
Former President Joko Widodo has emphasized that the ratification of this bill is part of a serious step to strengthen a just legal system. He has long voiced the importance of this regulation as a legal pillar in recovering assets resulting from crime. Even on various occasions, he has said that asset confiscation is no longer an option, but a necessity. Joko Widodo sees that the weakness of the current regulation has caused many criminal assets to be untouchable because they have to wait for a court decision that can take years. This situation is detrimental to the state.
President Prabowo Subianto has also said that the Asset Confiscation Bill must be passed immediately to strengthen the sovereignty of law and the national economy. He realizes that without clear legal force, efforts to combat corruption will always be limping. This commitment confirms the continuity of anti-corruption policies across governments, which is a positive signal for future law enforcement.
This bill offers a modern legal approach known as Non-Conviction Based Asset Forfeiture (NCB). In this approach, the state can confiscate assets resulting from crime without having to wait for a criminal verdict against the perpetrator. Simply by proving that the assets come from a crime, the state can immediately confiscate and manage them. This is a more effective way to recover state losses, especially in many cases where the perpetrators flee or die before being tried.
This system has been implemented in many countries, including the United States, the United Kingdom, and Singapore. In these countries, the NCB approach has succeeded in increasing the efficiency of asset recovery and accelerating the justice process. Indonesia cannot continue to lag behind in this regard. The world has moved forward, and crime is also increasingly sophisticated. Therefore, the law must also develop to adapt to the challenges of the times.
From academic circles, support also poured in. Lecturer at the Faculty of Law, Airlangga University, Hardjuno Wiwoho, saw that the pure criminal approach as it has so far only touches the perpetrators, but not the proceeds of their crimes. He argued that the NCB approach in this bill could accelerate the rescue of state assets. So far, the slow legal process has caused many assets resulting from corruption to disappear before they can be confiscated. Therefore, he considers this bill to be an effort to save not only state money, but also the future of Indonesia’s economic justice.
The Asset Confiscation Bill is also designed to strengthen law enforcement agencies such as the Corruption Eradication Commission (KPK), the Attorney General’s Office, and the Police. So far, all three have often been hampered in confiscating assets because they have to wait for court decisions. As a result, many valuable assets have escaped the reach of the state. With this bill, the confiscation process can be started earlier, and the opportunity for the return of state losses becomes greater.
The government also guarantees that the entire asset confiscation process will run with the principle of prudence. Proof of the origin of assets must be carried out with legal and transparent procedures. In this draft bill, there is a legal protection mechanism for parties who feel disadvantaged. So, there is no room for abuse of power. The government wants to ensure that this bill is truly a legal tool, not a political tool.
One thing that should be underlined is that this regulation does not only target corruptors in the country. Many criminals hide the proceeds of their crimes abroad. Without a legal basis as regulated in this bill, international cooperation efforts to track and confiscate assets are very limited. With this bill, Indonesia will have stronger legitimacy to carry out cross-border asset recovery, an important step in dealing with transnational crime.
The Indonesian House of Representatives is expected to immediately answer the public’s expectations. The government has shown real steps. Academics have given support. Law enforcers are ready to implement it. So, there is no logical reason to continue to delay. Every day of delay is an opportunity for criminals to hide their wealth. Every day without this bill is a real loss for the country and the people.
If this bill is passed, Indonesia will have a new milestone in legal reform. This is a real form of the state’s commitment to the peoplet, on justice, and on a future free from corruption. The government has taken a clear position. Now, it is time for all parties to unite to make the law a true tool for enforcing justice.
The Asset Confiscation Bill is proof that the state is not standing still. The government has lit the torch of hope. Now, it is time for all elements of the nation—executive, legislative, and society—to move in one step: to realize a law that truly sides with the truth.
*) Strategic Issue Observer
