Komjak Hopes That The Asset Recovery Agency Will Work Maximum

Amir Yanto was inaugurated as Head of the Indonesian Prosecutor's Asset Recovery Agency for the first time, in Jakarta, Monday (19/2/2024). (ANTARA/HO-Puspenkum Attorney General's Office)

The Prosecutor's Commission (Komjak) hopes that the presence of the Asset Recovery Agency can maximize the duties of the Indonesian Attorney General's Office in recovering state financial losses or state economic losses from cases investigated.

"So the Asset Recovery Agency is expected to maximize the recovery of state financial losses and/or state economic losses so that assets resulting from criminal acts can be maximally pursued and resolved for the benefit of the state and society," said Chairman of Komjak Barita Simanjuntak as reported by ANTARA, Tuesday, February 20.

According to Barita, the presence of the Indonesian Prosecutor's Asset Recovery Agency is in line with the approach to resolving criminal cases, namely imprisoning and pursuing perpetrators, confiscation and chasing wherever the proceeds of the crime are hidden, bringing and returning them to the state or the party who is entitled.

"With this approach, it is hoped that criminals will lose up and are closed in the possibility of repeating or installing bodies against the crimes they commit," said Barita.

According to Indonesia Corruption Watch (ICW) records in 2021, the return of state financial losses in corruption cases is still small.

ICW recorded the total state financial losses of 1,404 defendants amounting to Rp62.9 trillion. However, the amount of state financial returns through the payment of replacement money handed down by the panel of judges only amounted to around Rp1.4 trillion or 2.2 percent.

According to Barita, the obstacles conveyed by ICW occurred due to limited duties and authorities as well as the position of institutions that focus on completing downstream, namely the recovery of state financial and economic losses is still limited to the head of the center, so there are structural obstacles because assets resulting from criminal tracing and recovery of state losses require cross-sectoral settlement which will be very effective if carried out by a body-level structure or echelon I.

"That is the purpose of this institution being formed," said Barita.

Barita said that the birth of the Asset Recovery Agency was a mandate from Law Number 1 of 2021 concerning the Prosecutor's Office.

The existence of the agency is technically regulated in Government Regulation Number 15 of 2024, which explains that the Asset Recovery Agency is an element supporting the duties and authorities of the Prosecutor's Office in the field of asset recovery that is under and responsible to the Attorney General.

Thus the Asset Recovery Agency has the task and authority to carry out tracing, confiscation, and return assets acquired by criminal acts and other assets to the state, victims, or those entitled to comply with the provisions of the legislation.

The Presidential Regulation also explains that the Asset Recovery Agency carries out functions, first, the preparation of technical policies, plans, and programs in the fields of tracing, confiscation, and returning assets for the acquisition of criminal acts and other assets to the state, victims, or those who are entitled;

Second, the implementation of tracing, confiscation, and return of assets for the acquisition of criminal acts and other assets to the state, victims, or those who are entitled;

Third, coordination and synchronization of policy implementation in the fields of tracing, confiscation, and return of assets acquired by criminal acts and other assets to the state, victims, or those entitled;

Fourth, the implementation of employment relations with agencies/institutions both domestically and abroad in the fields of tracing, confiscation, and returning assets of obtaining criminal acts and other assets to the state, victims, or those who are entitled;

Fifth, monitoring, analysis, evaluation, and reporting of the implementation of activities in the fields of tracing, confiscation, and return of assets acquired by criminal acts and other assets to the state, victims, or those who are entitled;

Sixth, the implementation of administrative duties of the Asset Recovery Agency; and Seventh, the implementation of other functions given by the Attorney General.