Corruption Eradication Needs Asset Confiscation Regulation without Criminal Charges

Illustration of the seizure of assets of corruption crimes. (Special)

JAKARTA - Unair law and development expert, Hardjuno Wiwoho, assessed that Indonesia needs comprehensive regulations, which specifically regulate the mechanism of confiscation of assets without criminal charges (non-conviction based asset forfeiture/NCB) as part of efforts to recover assets from criminal acts, especially corruption and money laundering.

According to him, although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC) since 2006, Indonesia has not yet had a national regulation that specifically and comprehensively regulates the mechanism for the confiscation of assets without criminal charges in the national legal system.

In fact, in many cases of economic crimes such as corruption and money laundering, the assets resulting from criminal acts have often been transferred, hidden, or diverted through various complex financial mechanisms. This condition makes the process of recovering state losses long because law enforcement usually has to wait for a criminal verdict against the perpetrators first.

"The NCB concept allows countries to seize assets suspected of originating from criminal acts without having to wait for a criminal conviction against the perpetrator. This approach shifts the focus of law enforcement from merely pursuing perpetrators of crimes to tracing and recovering the proceeds of crime through the principle of following the money," said Hardjuno in his statement, Sunday, March 15.

He revealed that the mechanism had been implemented in a number of countries as an important instrument in the recovery of state assets, especially in cases of corruption, money laundering, and transnational economic crimes. However, in the Indonesian context, its implementation is still a matter of debate.

This condition, continued Hardjuno, is related to the protection of the right to private ownership and the principle of legal certainty, where the expropriation of assets must not ignore legal certainty and protection of the public's rights.

Therefore, if the mechanism of seizure of assets without criminal charges is applied, the regulation must be formulated clearly and comprehensively. "The goal is to continue to ensure legal certainty and protection of the public's rights," he said.