JAKARTA Discussion of the Asset Confiscation Bill according to the Money Laundering Expert (TPPU), Yenti Ganarsih has actually been rolling since 2006-2007. Following the signing of the UNCAC (United Nations Convention Against Corruption).
In fact, a team from the National Action Plan for the Eradication of Corruption at that time had made several versions as input for the government.
My friends and I made a match as a comparison for the country. All the discussions are okay, just give me a title. The contents are very comprehensive. Not only about corruption, but also all economic crimes which are crimes from ML," Yenti told VOI on April 5, 2023.
It is hoped that in 2010 it has been ratified, but in fact it has been tug-of-war. The bill is in and out of the National Legislation Program (Prolegnas) in the DPR, even only being a debate until now.
"Hopefully, Mahfud MD's steps to remind the Billasset recovery can trigger the spirit of statesmen to be more serious about eradicating corrupt behavior in Indonesia. Eliminate conflicts of interest, let's build a country together," he said.
Reportedly, the academic paper and the draft of the Asset Confiscation Bill have actually been prepared. However, until the end of March 2023, of the six agency leaders who were asked for approval from the draft bill, only three had given the initial approval.
They are Coordinating Minister for Political, Legal and Security Affairs Mahfud MD, Minister of Law and Human Rights Yasonna Laoly, and Head of the Financial Transaction Reports and Analysis Center (PPATK) Ivan Yustiavandana.
Meanwhile, three other agency leaders, Minister of Finance Sri Mulyani Indrawati, Attorney General ST Burhanuddin, and National Police Chief General Listyo Sigit Prabowo, have not yet given an initial agreement. President Joko Widodo (Jokowi) ensures that he continues to encourage the process of discussing the bill until it can finally be ratified into law. The existence of asset confiscation regulations will provide fresh air in efforts to enforce law enforcement to eradicate corruption.
"I hope that the draft law (RUU) on asset confiscation will facilitate the processes (actions), especially in criminal acts of corruption because the legal umbrella is clear," said Jokowi after reviewing Johar Baru Market, Central Jakarta on April 5, 2023.
The context of the Asset Confiscation Bill, according to Yenti, is to provide a deterrent effect. The convict will not only receive a prison sentence, his assets from corruption crimes will also be confiscated by the state.
"At this time, the punishment is light, there is no confiscation of assets. The rules in the Corruption Law are only the return of state compensation. But really, if it is not paid, it will be replaced with a subsidiary of imprisonment. People will definitely put up a body to protect their property," he said.
In the initial draft of the Asset Confiscation Bill, there were a number of emphasis. Among other things, confiscation and asset management.
The assets resulting from corruption that have turned into restaurants or cruise ships, for example, were confiscated and managed by the state. In this case, institutions that are disadvantaged, for example, if the corruption of bridge projects, then assets are managed by the Minister of PUPR," said Yenti.
Likewise for assets abroad. The court's decision must clearly include the institution that manages it.
'Disita dalam kasus apa, dan lainnya. Dalam peraturan internasional ada persen untuk negara tempat aset berada. Terdanya lengkap, menjelaskan juga terkait aset properti di luar negeri, bahkan hingga penanganan aset bila berupa narkoba dan judi online. Yang seperti ini, Kasih insentif untuk penegakan hukumnya, Yenti mengungkapkan.
However, for the current draft, he does not know in detail what points are being discussed.
"Probably not much different," he said.
A criminal law expert from Trisakti University, Abdul Fickar Hadjar, assessed that the mechanism for confiscation of assets actually has rules in criminal cases. However, the process is longer, especially if the convict appeals, cassation, reviews, and all kinds of legal remedies.
The hope is that the Asset Confiscation Bill can cut the mechanism.
"It doesn't have to go through cases. The evidence can go through LHKPN (State Administrators Wealth Report) for example. If there is an imbalance between LHKPN and reality, the State with its authority can seize it," Fickar told VOI on April 5, 2023.
It does not mean arbitrary. There remains to be proof. As long as officials can prove their assets are obtained from a legal way, it doesn't matter.
"But what institutions will be appointed later. Or there is a new institution that specializes in handling these looted assets," he added.
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