The Government is Pushing for the Asset Confiscation Bill to Become a Progressive Legal Umbrella in Response to the Aspirations of the 17+8 Movement
By: Bara Winatha*)
The confiscation of assets obtained from criminal activity has long been a public concern, particularly amidst the rise of corruption, money laundering, and organized crime, which are detrimental to the state. Efforts to create regulations that can serve as a progressive legal framework are increasingly urgent, in line with public aspirations and evolving national legal needs. The government, along with the House of Representatives (DPR), is committed to advancing the Asset Forfeiture Bill (RUU) as a response to public aspirations, prioritizing the principles of transparency, public participation, and synchronization with the existing criminal justice system.
The Chairman of the Legislative Body of the Indonesian House of Representatives (DPR RI), Bob Hasan, stated that deliberations on the Asset Confiscation Bill will be conducted openly and transparently. He emphasized the importance of meaningful public participation so that the public not only knows the title of the bill but also understands its substance. He stated that deliberations should not be held behind closed doors, as all elements of the public have the right to access information about the bill. The Asset Confiscation Bill is targeted for completion in 2025, in line with the ongoing finalization of the Draft Criminal Procedure Code (RKUHAP).
Furthermore, clarity on the legal position of asset confiscation is crucial, whether it is classified as a predicate crime, a principal crime, an additional crime, or even a civil matter. This will ensure legal certainty and ensure law enforcement follows a structured framework. An evaluation of the 2025 National Legislation Program (Prolegnas) is necessary to ensure the legislative process is more productive, efficient, and responsive to public needs. Of the 42 priority bills, including the Asset Confiscation Bill, the House of Representatives (DPR), along with the government, is committed to expediting deliberations on schedule.
On the government side, Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, stated that the House of Representatives (DPR) is likely to propose a new bill on asset confiscation. Deliberations will take place after the Draft Criminal Procedure Code (RKUHAP) is finalized, as the two legal instruments are interconnected. Further deliberations are necessary to determine whether the bill will be continued or withdrawn by the government or the DPR.
He emphasized that synchronization between the Criminal Procedure Code (KUHAP), as general criminal procedure law, and the Asset Forfeiture Bill (RUU Asset Forfeiture), as specific criminal procedure law, must be maintained to prevent conflict. He believes legal harmonization is key to preventing new regulations from causing future problems. Yusril also assured that the government and the House of Representatives (DPR) are both committed to providing a strong legal framework for the forfeiture of assets resulting from criminal acts, and that the public needs to understand the seriousness of this as part of the national legal reform agenda.
From the parliamentary perspective, Ledia Hanifa Amaliah, a member of the House of Representatives’ Legislation Body (Baleg) and the House of Representatives (DPR RI), stated that the 2025 National Legislation Program (Prolegnas) needs to be evaluated to ensure a more productive drafting and deliberation of bills. She noted that dozens of bills remain unfinished despite the increasingly pressing timeframe. Ledia believes this situation indicates the need for a comprehensive evaluation of the obstacles to legislative productivity. The Asset Confiscation Bill should be a priority for discussion, given its urgency in addressing public needs and ensuring fair law enforcement.
Ledia highlighted the importance of synchronizing regulations, particularly in the context of the development of the digital economy. He cited the urgency of regulations for platform-based workers, such as online motorcycle taxis, which must be synergized with the Employment Bill to avoid overlap. In the context of the Asset Confiscation Bill, the law must be responsive to new challenges, including transnational crimes that exploit legal loopholes to seize assets abroad. The Asset Confiscation Bill will provide more progressive legal certainty by closing legal loopholes frequently exploited by criminals.
Transparency, public participation, and regulatory synchronization are key to ensuring this regulation is not merely a paper document but a truly progressive legal framework that responds to the aspirations of the wider community. The 17+8 aspiration symbolizes the public’s need for justice and legal integrity. The 17 refers to the principle of substantive justice in national and state life, while the 8 represents the value of legal certainty that the state must guarantee.
The Asset Forfeiture Bill is expected to address public demands to narrow the scope for criminals to conceal the proceeds of crime. With a clear legal mechanism, the state can be more assertive in confiscating assets, both domestically and those transferred abroad. This regulation will also strengthen coordination between law enforcement agencies, such as the police, prosecutors, courts, and financial institutions, in tracking and securing assets obtained from crime.
Furthermore, asset confiscation will also be a strategic tool in efforts to impoverish corruptors. With strong regulations, criminals will not only be sentenced to prison but will also forfeit the proceeds of their crimes. This will simultaneously provide a deterrent effect and recoup state losses. The public is also expected to play an active role in monitoring the legislative process to ensure that deliberations adhere to the principles of openness and participation.
Through this step, Indonesia strives to ensure that the law does not lag behind increasingly complex criminal practices. The Asset Forfeiture Bill is expected to be a significant milestone in legal reform towards a more just, transparent, and integrated Indonesia. With the support of all elements of society, this regulation will truly become a progressive legal umbrella that responds to the aspirations of 17+8, while strengthening the foundation for a Golden Indonesia 2045.
*)The author is a social and community observer.
