Asset Confiscation Bill, Real Steps by the Government to Recover State LossesBy: Antonius Utama )*
The discourse on ratifying the Draft Law (RUU) on Asset Confiscation has resurfaced amidst the government’s efforts to strengthen state financial governance and eradicate corruption. This bill is considered very important and urgent to be ratified immediately, not only as an additional legal instrument in eradicating corruption, but also as a means to recover state assets that have been lost due to criminal acts. The absence of specific regulations governing the mechanism for confiscating assets originating from criminal acts has long been a loophole in the Indonesian legal system, which is often exploited by criminals to avoid responsibility.
In practice, the state often has difficulty recovering losses due to extraordinary crimes such as corruption, money laundering, narcotics, and other organized crimes. Many major cases have been sentenced in writing, but the assets resulting from the crime cannot be confiscated or are even unknown. Without specific regulations, law enforcement officers can only confiscate assets through criminal mechanisms that require complete proof in court. This is a serious obstacle, especially when the perpetrator has fled, died, or is unknown.
The Asset Confiscation Bill is here as an answer to these limitations. This bill regulates the civil law mechanism in confiscating assets resulting from crime, including through the reverse burden of proof approach or non-conviction based confiscation (NBC). With this scheme, the state can take the court route to confiscate assets without having to wait for the perpetrator’s criminal verdict. In this context, the state only needs to prove that certain assets come from the proceeds of crime, so that they can be confiscated and returned to the state without having to prove individual guilt first. This principle is in line with the United Nations Convention Against Corruption (UNCAC) which has been ratified by Indonesia through Law Number 7 of 2006.
The pressure to immediately pass this bill has also come from various state institutions, including the Corruption Eradication Commission (KPK), the Attorney General’s Office, and the Ministry of Law. Deputy Chairman of the Corruption Eradication Commission (KPK), Nurul Ghufron, on various occasions emphasized the importance of the Asset Confiscation Bill as a legal umbrella that not only accelerates the return of state losses, but also provides a deterrent effect for perpetrators of crimes. So far, many perpetrators of corruption who have been imprisoned, can still enjoy the proceeds of their crimes because their assets have not been confiscated.
Legal Expert and Public Policy Observer, Zainuddin stated that this momentum could be a good signal if followed up with political seriousness from political parties. This law has been proposed since 2008, meaning that it has not been passed for almost two decades. He emphasized that the presence of the Asset Confiscation Law is very important to maximize the recovery of state assets. He considered the current approach to be ineffective in returning state losses from perpetrators of economic crimes
In the context of the national economy, this bill has the potential to strengthen state finances. Every year, the state loses trillions of rupiah due to corruption and organized crime. Without the ability to recover assets quickly and effectively, these losses will increasingly burden the APBN and hamper development. Through this bill, the state will not only pursue the perpetrators, but also pursue the proceeds of their crimes, which have often been disguised through asset transfers, use of third party names, or transfers abroad.
The Asset Confiscation Bill is also expected to increase Indonesia’s credibility in the eyes of the international community, especially in cooperation to eradicate transnational crime. Many developed countries already have similar regulations that allow them to effectively recover assets across jurisdictions. With the enactment of this bill, Indonesia can establish stronger legal cooperation, both in the context of mutual legal assistance (MLA) and in cooperation on tracking and confiscating assets abroad.
Minister of Law Supratman Andi Agtas said that President Prabowo had given a clear commitment to the Asset Confiscation Bill. Therefore, the Asset Confiscation Bill must be implemented in accordance with existing norms. The Asset Confiscation Law that will be created must be accompanied by conditioning or increasing the accountability, integrity, and competence of law enforcement officers.
However, like every legal product that will be born, the Asset Confiscation Bill also needs to be guarded so that it is not misused. The reverse burden of proof mechanism must be designed with the principle of caution and high accountability. The court must remain an independent institution that tests and decides on every attempt at asset confiscation, to avoid criminalization practices or violations of human rights.Yes. This bill is not a tool for revenge or political pressure, but rather a legal instrument for justice.
The successful ratification of the Asset Confiscation Bill will be real evidence that the state is present to protect the rights of the people, improve governance, and strengthen the integrity of law enforcement institutions.
On the journey towards a clean and economically sovereign Indonesia, ratification of the Asset Confiscation Bill is not an option, but a necessity. The longer this regulation is delayed, the more state assets will evaporate and be difficult to recover. It is time for concrete steps to be taken, not just discourse, for the sake of a more just, transparent, and prosperous future for Indonesia.
)* Strategic Policy Observer
