Legal Reform, Hardjuno Discourses On Confiscation Of Corruptor Assets Without Going Through Criminal Claims

JAKARTA - Law enforcement against crimes that harm state finances in Indonesia continues to face significant challenges. One of the main obstacles is the difficulty of law enforcement officers identifying traces and origins of the proceeds of crime, particularly related to assets.

Therefore, efforts are needed to accelerate legal reforms focused on taking over assets without having to involve a complicated criminal prosecution process. This was conveyed by Shri Hardjuno Wiwoho, a student of the Doctoral Program for the Postgraduate School Study and Development Program at Airlangga University Surabaya when releasing the results of his research under the title The Principle of Legal Certainty in Legal Reform Acceleration on Asset Confiscation Without Criminal Claims (Non-Consection Based Assets Forfeiture) at the Post-Sarjana Campus, Airlangga University (Unair), Tuesday 26 March.

When presenting the results of his research, Hardjuno was accompanied by his academic advisor, Prof. Dr. Mas Rahmah, SH, MH, LLM. The review team was Prof. Dr. Mas Rahmah, SH, MH, LL.M, Prof. Dr. Muhamad Nafik Hadi Ryandono, STE, M.Si, Prof. Dr. Suparto Wijoyo, SH, M.Hum, Prof. Badri Munir Sukoco, S.E., MBA., Ph.D, Dr. Faizal Kurniawan, SH, M.H., LLM and Dr. Prawita Thalib, SH, M.H.

Hardjuno hopes that this approach can be an effective tool in saving state assets more efficiently while maintaining the principle of legal certainty. Moreover, the Indonesian government has formulated a Draft Law on the Confiscation of Criminal Assets (RUU PATP) since 2012.

Even the Academic Script as the basis for the formation of the bill has been compiled by the National Legal Development Agency (BPHN). Although the PATP Bill has been included in the 2015-2019 National Legislation Program, until now it has not been discussed by the DPR.

Even though President Joko Widodo has sent a Presidential Letter (Surpres) dated May 4, 2023 to the Indonesian House of Representatives, asking that the legislative body immediately prioritize the discussion of the bill.

Data from the Financial Transaction Reports and Analysis Center (PPATK) shows that the number of reports received by PPATK continues to increase in number. Therefore, overcoming Corruption requires an extraordinary (extraordinary) approach. Moreover, state losses due to Corruption and money laundering are very large.

One way to deal with these crimes is to confiscate assets to restore their original condition. Currently, he explained, asset confiscation has become a global focus, in accordance with the 2003 United Nations Convention Against Corruption (UNCAC).

The global community agrees on the importance of confiscating assets from the proceeds of crime without involving criminal charges.

"The mechanism for confiscation of criminal assets is considered as a norm in UNCAC, with the aim of optimizing efforts to seize assets resulting from crime without having to involve the criminal prosecution process," he explained.

Hardjuno emphasized that the concept of Asset Confiscation without criminalization or known as Non-Conviction Based (NCB) Asset Forfeiture is the idea of restitution of state losses. The goal is to return state losses arising from criminal acts without the need to punish the perpetrators first.

The category of assets that can be confiscated using the NCB asset advance method involves assets obtained directly or indirectly from criminal acts, including those that have been donated or converted into personal assets, other parties, or corporations.

This is important because criminal acts with economic motives, such as corruption or money laundering, can result in losses to the state.

He outlined the concept of confiscation of assets without involving criminal charges as part of a legal scheme that allows state assets taken illegally by criminals to be confiscated and returned to the state as an effort to recover state assets.

Confiscation of assets is very important considering the law enforcement approach in Indonesia that implements a follow-the-money strategy to trace the flow of funds to uncover crimes.

In the concept of legal certainty applied to confiscation of assets without criminal charges, the main principle is to provide legal protection for people who have right to property through the asset recovery mechanism carried out by the state.

If these assets are obtained through unfair or unfair enrichment, the state has the right to seize these assets without involving prosecution procedures in the realm of criminal law. Instead, the process of confiscation of assets is carried out through civil law channels.

"So, the model of confiscation of assets without criminal charges is expected to provide strong legal certainty and legal protection for the community," he concluded.