Anticipating Risks, DPR Calls Discussion Of The Asset Confiscation Bill Needs To Be In Line With The Criminal Procedure Code

JAKARTA - Member of Commission III of the DPR, Sarifuddin Sudding, emphasized that his party is committed to completing the Draft Law (RUU) on Asset Confiscation. Even so, he said the Asset Confiscation Bill must be in line with the revision of the Criminal Procedure Code (KUHAP) to anticipate risks.

Sudding explained that the Criminal Procedure Code is the main foundation of criminal procedural law in Indonesia, which determines the limits and authorities of law enforcement officers in the process of investigation, investigation, prosecution, to execution, including the execution of asset confiscation. So that the two Asset Confiscation and RKUHAP Bills need to be in harmony so that law enforcement runs comprehensively.

"Without a strong and comprehensive legal umbrella, the implementation of asset confiscation is very risky to create arbitrariness, violations of citizens' rights, and potential abuse of power that can be questioned legally in the future. So the Criminal Procedure Code is important to be resolved and aligned with the Asset Confiscation Bill," said Sudding to reporters, Wednesday, September 17.

As is known, the Asset Confiscation Bill has been proposed by the DPR to enter the 2025 Priority National Legislation Program (Prolegnas). Commission III of the DPR has also completed the discussion on the revision of Law Number 8 of 1981 concerning the Criminal Procedure Law (RKUHAP).

The Criminal Procedure Code Bill which is in conjunction with the Asset Confiscation Bill is just waiting for the first level decision by Commission III to be ratified into law.

Nevertheless, Sudding said that the completion of the RKUHAP must be a top priority before going further to the Asset Confiscation Bill. "This is not only a matter of procedurality, but concerns legal certainty, protection of human rights, and the effectiveness of law enforcement as a whole," said Sudding.

The member of the House of Representatives' legal commission also emphasized the importance of the principle of due process of law as the basis of every legal action, including in the context of asset confiscation. Sudding said the Criminal Procedure Code as a legal guide for criminal events is a tool to ensure that all law enforcement actions are carried out with legal procedures.

"KUHAP is not just a legal document, but a guarantee for the protection of citizens' rights to the actions of law enforcement officials. Without a comprehensive revision, we risk justice itself," he said.

Furthermore, Sudding added that the legal rules related to the confiscation of assets were spread across various laws, such as the Corruption Crime Law (Tipikor), the Money Laundering Law (TPPU), and the Prosecutor's Law. According to him, the revision of the Criminal Procedure Code is a solution to harmonize the regulation so that a more synchronized and non-overlapping legal system can be achieved.

"With a harmonious and uniform legal system, law enforcement will be more effective and avoid confusion in implementation," explained Sudding.

Sudding emphasized that the DPR does not mean that it is not serious in pursuing corruptors and taking economic crimes. However, he said, the legal approach must also be comprehensive.

KUHAP yang kuat akan menjadikan RUU Perampasan Asset sebagai instrumen hukum yang legitimat, tidak tebang pilih, dan bisa dipertanggungjawab secara hukum maupun moral, kata Legislator dari Dapil Sulawesi Tengah itu.

The ratification of the Asset Confiscation Bill is one of the points in the 17+8 demands of the people who were born after a massive demonstration at the end of last August. Sudding ensured the DPR's commitment to finalizing the Asset Confiscation Bill.

"This is also part of the DPR to continue to serve the people in every sector of life, including by ensuring the law based on justice," concluded Sudding.