Legal Observer Hardjuno Wiwoho Urges Government To Pass Asset Confiscation Bill

JAKARTA - The government and the DPR's commitment to the corruption eradication agenda has been questioned by the public again in line with the attitude of the two state institutions which are still gray in enacting the Asset Confiscation Bill.

Even though the Asset Confiscation Bill is very important because it acts as a legal instrument that becomes the hammer of eradicating corruption in Indonesia.

Therefore, legal observer Dr. (Cand.) Hardjuno Wiwoho urged the government and the House of Representatives of the Republic of Indonesia (DPR-RI) to immediately ratify the Asset Confiscation Bill into law.

The reason is, this law will become a legal instrument that can unravel the tangled threads of corruption cases that occur in this country can be resolved

Because through this regulation, the state can seize assets originating from criminal acts and harm state finances without waiting for proof of their criminal acts,

"Why should this Asset confiscation Bill be ratified immediately? Because the instrument Asset Confiscation Bill makes it easier for law enforcement officials to uphold justice and support the agenda of eradicating corruption and economic crimes in the country," he explained, Wednesday, April 17.

This, explained Hardjuno, is part of a large-scale effort to optimize the return of state losses due to criminal acts of corruption. Moreover, the Bill on asset Confiscation is a post-Indonesian mandate to ratify the UN Convention on UNCAC (UN Convention Against Corruption) which, among other things, regulates provisions related to efforts to identify, detect, and freeze and rob the proceeds and instruments of criminal acts.

"So, this law is very important for the current context of Indonesia. And at the same time it provides a deterrent effect for anyone who commits acts of corruption that harm the people and the state," he said.

In fact, the Asset Confiscation Bill has been studied and proposed for more than a decade, since the inclusion of the Asset Confiscation Bill in the 2012 Priority National Legislation Program (Prolegnas) list, but in reality the Asset Confiscation Bill has not been ratified.

Currently, the Asset Confiscation Bill is again included in the list of the 2023 Priority National Legislation Program (Prolegnas), so it is hoped that the ratification of the Asset Confiscation Bill will not take long. However, until now the discussion of the Asset Confiscation Bill has not been seen even though it has been included in the government's priority list.

"I think the Indonesian people are obliged to collect the commitment of the government and the DPR to this bill. We continue to voice, when this bill was passed into law. Our DPR, don't be sluggish," he said.

As a large nation with abundant natural resources, the presence of the Asset Confiscation Law is very strategic. This law will later become the controller of the corrupt behavior of the elites. As a result of this corrupt behavior, millions of people have taken their welfare.

As a result, the people's right to get a decent living guarantee from the state did not materialize.

"One of the problems that have not ended by today's policy makers is the mega corruption of the Bank Indonesia Liquidity Assistance (BLBI) scandal which tarnishes Indonesia," he explained.

This BLBI case has become the largest financial scandal in the republic, even a dark record in the history of the Indonesian nation.

"Unfortunately, BLBI is suspended. And sometimes it becomes the political merchandise of officials and politicians," he criticized.

Not yet completely the BLBI mega scandal corruption case, the public was shocked by the alleged corruption case in tin commodity trading.

It is estimated that state losses reached Rp271 trillion in alleged corruption in the tin commodity trading system for the Mining Business Permit (IUP) PT Timah Tbk (TINS) 2015-2022.

The case also became a public spotlight after a number of famous names became suspects and were detained by the AGO, including crazy rich Pantai Indah Kapuk (PIK) Helena Lim and the husband of Sandra Dewi's artist, Harvey Moeis.

Therefore, Hardjuno reiterated that the ratification of the Asset Confiscation Bill into laws is very important and the urgent need for the Indonesian nation today. This makes it easier for law enforcement officials to uphold justice and also as a deterrent effect to impoverish the perpetrators of corruption.

Even Hardjuno believes that if the Asset Confiscation Bill has been passed into law, the state can get a lot of profits by confiscating corrupt assets.

"The public certainly continues to wait for the seriousness of the government and the DPR. And I think the public understands the discussion of the stalled bill because it has a very big conflict of interest," he said.

In addition to being able to create a deterrent effect, Hardjuno continued, the Asset Confiscation Law will also make more and more wealth that can be returned to the state for full use for the benefit of the people.

"If the operator level alone can dredge billions of rupiah from the country, especially the main actor. But ironically, the main actor often walks away, or is given the opportunity to run away," he explained.

Therefore, Hardjuno emphasized that if the Asset Confiscation Bill is not passed, the pencolengs will continue to undermine the state's finances freely.

"And I think the case of Harvey Moeis cs is a momentum to return to urging the government and the DPR to immediately ratify the Asset Confiscation Bill," concluded the student of the Doctoral Program for the Postgraduate School Study and Development Program, Airlangga University, Surabaya.