Regarding Efforts To Eradicate Corruption, Confiscation Of Assets Without Criminalization Is Considered To Still Have Many Challenges
JAKARTA - Efforts to eradicate corruption in Indonesia continue to be a serious concern. One of the important discourses is the application of the Non-Conviction Based Assets Forfeiture (NCB) mechanism or confiscation of assets without punishment.
This step is considered capable of strengthening efforts to recover state losses from the proceeds of criminal acts of corruption, especially in conditions where perpetrators cannot be snared through conventional criminal channels. However, according to Law and Development Expert at Airlangga University (Unair) Surabaya, Hardjuno Wiwoho, to implement the implementation of NCB in Indonesia, it requires several improvements, both in terms of regulation and legal culture.
Hardjuno assessed that Indonesia needed regulations specifically regulating the NCB mechanism so that it could run effectively. Currently, most of the confiscation of assets is regulated within the framework of criminal law through the Corruption Crime Act (UU Corruption).
However, this mechanism requires a court decision that has permanent legal force before assets can be confiscated.
"In many cases, conditions such as the death of the perpetrator or lack of evidence often hinder the criminal legal process. This is where NCB becomes relevant, because it allows the state to seize assets without having to wait for the perpetrators to be found guilty," Hardjuno explained in Jakarta, Tuesday, December 17.
According to him, NCB regulations require a separate civil law approach from criminal law.
"If it is combined with the Anti-Corruption Law, it is feared that overlaps will hinder the implementation of NCB," he added.
Despite his potential, Hardjuno highlighted several challenges in the implementation of NCB. One of them is political and bureaucratic resistance.
"Many corruption cases involve actors from the political and bureaucratic sectors, which could hinder the implementation of this instrument. Political courage and strong commitment from the government are needed," he said.
He also emphasized the need for a strict monitoring system to prevent abuse of authority.
"The trade of assets without punishment must be carried out transparently, while respecting human rights. This process must not violate the principle of justice, especially against third parties who are not involved in criminal acts," he said.
Hardjuno also emphasized the importance of international cooperation in implementing NCB.
"Most assets resulting from corruption are often hidden abroad. Indonesia needs to strengthen mutual legal aid agreements with other countries, especially those that become heaven for corruptors' assets," he said.
He gave an example of countries such as the United States and Australia that have succeeded in using NCB to restore assets hidden abroad.
"We can learn from them. With the right approach, NCB can be a very effective tool to fight corruption," he added.
Hardjuno hopes that the Asset Confiscation Bill (RUU) which is currently being discussed can be immediately ratified with a clear legal framework and careful implementation.
"This bill is important to provide a strong legal basis and ensure that criminals can no longer enjoy the results of their corruption," he concluded.
Through the effective implementation of NCB, Hardjuno is optimistic that Indonesia can create a fairer legal system and increase public confidence in efforts to eradicate corruption.
"The key is consistency and commitment from all parties. If this can be realized, there is no longer a place for corruptors to hide," he concluded.