Expert on the Proposal of the Nomenclature of the Asset Confiscation Bill into a Bill to Protect Assets

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JAKARTA - Public Expert Bambang Harymurti proposed the nomenclature of the Asset Confiscation Bill to be the Asset Protection Bill. He did not want this legal umbrella to later legalize the effort to steal assets legally.

This was conveyed by Bambang in a public hearing (RDPU) of Commission III of the DPR regarding the Asset Confiscation Bill in the DPR building today. He conveyed that the purpose of this bill is to recover state assets.

"I was a bit presumptuous trying to find out because I was an editor, what was the more appropriate title for the Law on the Seizure of Assets. And I tried to propose that it would be better to call the law the Protection of Assets, People's Assets and their Recovery," said Bambang in a meeting at the DPR building, Jakarta, Tuesday, August 11.

Bambang then highlighted the Asset Confiscation Bill which has the potential to give the state extraordinary authority to take over private property. He said this bill must have strong protection against possible attempts at abuse.

"No, don't let the Asset Confiscation Law, it will legalize the act of abuse into legal theft of assets," he said.

Bambang also proposed 10 protective fences for people's rights that could serve as guidelines in discussing the Asset Confiscation Bill. He hopes that this bill will not be a political intimidation.

"So the first law is that the permanent confiscation of assets must be decided by an independent court. Well this is important, independent. Second, the state still bears the burden of proof," he said.

Bambang then asked for the standard of proof to be clear and strict. In addition, seizure without trial must be limited only to extraordinary circumstances. "The extraordinary provisions are formulated in writing and closed, not multi-interpretations," he said.

Bambang also emphasized that unexplained wealth could not automatically be considered as assets of crime. Furthermore, he said, third parties with good intentions and innocent partners must be protected.

"Don't be guilty by association. Seventh, there must be a factual and temporal relationship between the crime and the assets. Eighth, asset management must be independent and transparent," he said.

"Nine, there must be restitution and compensation for wrongful expropriation. And tenth, this is important, the abuse of authority for political purposes must be expressly prohibited," added Bambang.