Procedures Of Confiscation In The Asset Confiscation Bill Must Be Detailedly Regulated

Photo Description: Illustration of asset confiscation procedures that must be detailed in the Asset Confiscation Bill. (Ist)

JAKARTA Criminal law observer at Tarumanegara University, Hery Firmansyah, revealed that confiscation procedures must be regulated in detail when discussing the Asset Confiscation Bill (RUU).

The confiscation of assets requires clear procedures. Do not lose when tested in pretrial, or even use arbitrary authority, the bill for confiscation of assets in the context of criminal events must be in the same breath as the Criminal Procedure Code," he explained, Sunday, September 14, 2025.

According to him, the role of law enforcement officers must also be maximized in tracking the assets of criminals, especially to build international cooperation. This is because the assets of criminals are not only in Indonesia, but may be abroad.

Thus, the mechanism for confiscation of assets abroad that will not be easy to do must also be discussed in the Asset Confiscation Bill.

"Assets that exist abroad are not easy, it is necessary to cooperate with countries that are the destination to seize these assets," added Hery.

He emphasized that differences in the legal system between countries are a separate obstacle in the implementation of the Asset Confiscation Law if bilateral cooperation is not accompanied. Therefore, special agreements between countries are needed to simplify the process. Considering different legal systems and legal rules with destination countries. These countries need to be tied up with special agreements related to this," he said.

Hery stated that the ratification of the Asset Confiscation Bill was good, but that does not mean there is no gap. The confiscation mechanism must be supported by qualified data related to the amount of assets of criminals. If not, then the perpetrator can outsmart and hide real assets.

He suggested that Commission III of the DPR can complete the discussion of the Criminal Procedure Code Bill first, before entering the Asset Confiscation Bill. This aims to clarify points related to problems that may arise in confiscation of assets.

Previously, Deputy Chairperson of the Legislation Body (Baleg) of the DPR RI, Iman Sukri proposed that the Asset Confiscation Bill which has been included in the 2025 Priority National Legislation Program (Prolegnas) can be discussed in Commission III of the DPR RI. According to him, discussions by Commission III will make it easier to synchronize between the Criminal Procedure Code Bill and the Asset Confiscation Bill.