Reminding The Importance Of The Asset Confiscation Bill, ICW Discusses 3 Benefits, Including The Confiscation Of Fugitive Assets

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JAKARTA - Indonesia Corruption Watch (ICW) said that it is important to promulgate the Asset Confiscation Bill (RUU). The goal is to accelerate efforts to eradicate corruption.

"This Asset Confiscation Bill is especially important for eradicating corruption. Considering the gap between financial losses and replacement money is still very high," said ICW researcher Kurnia Ramadhan in a written statement, Monday, December 20.

Kurnia detailed that based on ICW's records, state financial losses in 2020 reached Rp56 trillion but the replacement money that entered the state only reached Rp19 trillion.

With this condition, Kurnia considers that the criminal law approach that uses an in personam approach has not proven effective in recovering state financial losses. Therefore, this bill must be ratified as soon as possible.

"In addition, the Asset Confiscation Bill is also in line with Article 54 paragraph (1) letter c of the United Nations Convention Against Corruption (UNCAC)," he said.

Furthermore, the anti-corruption activist also explained that there are three benefits if the government immediately enacts the Bill on Asset Confiscation. First, it is easier to prove a crime.

The reason, said Kurnia, is that this draft law will no longer talk about individual guilt or proof of malicious intent, but will simply carry out formal evidence standards.

"Simply put, if a criminal act is found and assets have been tainted from the crime, law enforcement can proceed further with the purpose of confiscation," said Kurnia.

Second, the Asset confiscation Bill is important to be promulgated because it recognizes reverse proof where the owner can be asked to prove that his assets are not related to a particular crime. If in the future this proof cannot be carried out, law enforcement officers can carry out confiscation.

Finally, this draft law can be an answer to the problem of the large number of fugitives in corruption cases who have not been caught.

"If it is enacted, law enforcement can identify the assets of the fugitives and legally process the assets so that they are immediately confiscated for the state," concluded Kurnia.