Commission III of the Indonesian House of Representatives began discussing the Draft Law on Asset Confiscation today. In the academic text of the bill, the mechanism for confiscating assets can be carried out without being preceded by a criminal conviction against the perpetrators of criminal acts.
This was conveyed by the Head of the DPR Expertise Agency, Bayu Dwi Anggono, at the DPR Commission III hearing, at the Parliament Complex, Senayan, Jakarta, Thursday, January 15.
Bayu explained, the Draft Law on Asset Confiscation related to Criminal Acts will consist of 8 chapters and 62 articles. The eight chapters in the Asset Confiscation Bill are Chapter 1 General Provisions, Chapter 2 Scope, Chapter 3 Criminal Assets that Can Be Confiscated, Chapter 4 Law on Asset Confiscation Proceedings, Chapter 5 Asset Management, Chapter 6 International Cooperation, Chapter 7 Funding, and Chapter 8 Closing Provisions. He said, the heart of this law is in Article 3, namely regarding the method of asset confiscation.
"Asset confiscation is carried out against economic motives. There is also an explanation in this article about what is meant by economic motives," said Bayu in a meeting at the Commission III of the DPR, Thursday, January 15.
In addition, Bayu revealed that the bill also contains 16 main regulations in the confiscation of assets, ranging from general provisions, principles, methods of confiscating assets, types of criminal offenses, types of criminal assets that can be confiscated, conditions and criteria for assets that can be confiscated, submission of applications for confiscation of assets, and the law on the confiscation of assets.
Then there are other arrangements, namely the asset management agency, asset management procedures, asset management accountability, cooperation agreements with other countries, agreements between the government and other countries to obtain revenue, funding sources, accountability management of the budget, and closing provisions.
Bayu explained, the Asset Confiscation Bill will regulate two concepts of asset confiscation models, namely conviction-based forfeiture and non-conviction-based forfeiture.
"In this bill, there are two concepts, namely conviction-based forfeiture, in which the seizure of the assets in question is carried out based on a criminal conviction against the perpetrator of the criminal act," he explained.
With conviction-based forfeiture, said Bayu, the forfeiture of assets is carried out after there is a criminal verdict that has been incriminated against the perpetrator. As for non-conviction-based forfeiture, it is possible to confiscate assets even if the perpetrator is not or has not been prosecuted, with certain conditions and criteria.
"So, we adopt these two concepts. The conviction-based one, this already exists in various laws, it's just scattered in various laws. Well, of course, then the issue is, there is no regulation related to non-conviction-based. Of course this will be the main focus in the context of the asset forfeiture bill related to this crime," said Bayu.
Bayu also explained that the confiscation of assets without a criminal conviction against the perpetrator or non-conviction based was carried out through a legal procedure that would be specifically regulated in the bill.
The criteria and conditions for the confiscation of assets without a criminal conviction against the perpetrator include, one, if the suspect or defendant dies, flees, is permanently ill or is unknown.
Two, the criminal case cannot be tried. Three, the defendant has been found guilty by a court that has obtained permanent legal force and later it was found that the assets of the criminal act that had not been declared confiscated. Four, the confiscation of assets without a criminal conviction must also meet the criteria of assets worth at least IDR 1 billion.
Bayu added that the academic manuscript was compiled by inviting experts as a form of public participation, ranging from legal experts from Gadjah Mada University to legal practitioners, former researchers of Indonesia Corruption Watch (ICW).
"Why is this bill important? To ensure that the results of a crime cannot be enjoyed by the perpetrator, especially crimes in the economic motive, so that they can be recovered and break the chain of crime," he concluded.
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