Jakarta – The Financial Transaction Reports and Analysis Center (PPATK) emphasized the importance of accelerating the ratification of the Asset Confiscation Bill (RUU) to strengthen the state’s efforts in tracing and confiscating assets resulting from criminal acts.
“This bill is important because so far we have had limitations in regulating the confiscation of assets resulting from crime,” said PPATK Deputy for Reporting and Supervision, Fithriadi Muslim.
So far, PPATK has often succeeded in identifying assets suspected of originating from criminal acts. However, the weak link between the assets and the perpetrators in the evidence process often hampers confiscation efforts.
“Often the assets are found, but the link to the perpetrator or the crime is weak, making it difficult to confiscate,” he said.
According to him, the Indonesian legal system currently still adheres to the principle of conviction-based asset forfeiture, namely that confiscation of assets can only be carried out if the perpetrator has been found guilty. In fact, in a number of cases, the perpetrators of the crime cannot be brought to court, such as having fled or died.
Therefore, Fithriadi encourages the implementation of a non-conviction based asset forfeiture (NCB) approach, or the confiscation of assets without having to have a criminal verdict against the perpetrator.
“It does not mean unilateral confiscation, everything must still go through an open court,” he said.
He also reminded that Indonesia has ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7 of 2006, which encourages countries to adopt legislative measures of this kind.
The NCB approach is also considered important in dealing with various modes of asset disguise by perpetrators of crime, such as the use of fake identities or third parties.
“What we are facing is not just the person, but the asset structure. And the NCB approach allows the state to fight the assets, not the person,” he explained.
This bill also refers to the principles of the Stolen Asset Recovery Initiative (StAR Initiative) developed by the World Bank. One of the main principles is the broad scope of assets that can be seized, namely proceeds of crime and instruments of crime. This means that assets obtained directly or indirectly from criminal acts, including those that have been transferred to other parties, can still be subject to confiscation.
Meanwhile, the Chairman of the Golkar Party Faction of the Indonesian House of Representatives, Muhammad Sarmuji, emphasized that the Asset Confiscation Bill will be discussed after the drafting of the Criminal Procedure Code (KUHAP) Bill is completed. This is done for the sake of synchronization between regulations.
“Later if it is not synchronized, it can be troublesome again, there will be another revision, and that is more difficult than doing it after the Criminal Procedure Code Bill can be completed,” said Sarmuji.
