The Government Steps On To Pursue Assets Proceeds Of Crime To Switzerland
Minister of Law and Human Rights Yasonna Laoly (Mery Handayani / VOI)

JAKARTA - Minister of Law and Human Rights Yasonna Laoly said the government would immediately collect data and trace the proceeds of crime stored in Switzerland. This was done after the Indonesian House of Representatives agreed to enact the Draft Law on the Ratification of the Mutual Legal Assistance Agreement in Criminal Matters between the Republic of Indonesia and the Swiss Confederation into law.

After the legislation was passed by the DPR, Yasonna said, Kemenkumham would form a team and coordinate with a number of parties to track assets to Switzerland.

"We will form a team and sit together with Bareskrim, the Attorney General's Office, the KPK, and the Ministry of Foreign Affairs to carry out asset tracing," said Yasonna in a written statement quoted on Wednesday, July 15.

He said the Indonesian government would cooperate with the Swiss side to open the data and request it. "With this legal basis, we can do it," he said, adding that the new law also regulates that assets that have been tracked can be confiscated by the state.

"The good thing is, this law is retroactive. So all fiscal crimes, money laundering, or anything that happened before the agreement can be traced," added the PDI-P politician.

After Switzerland, Yasonna said the government would seek to establish Mutual Legal Assistance (MLA) agreements with other countries as a step to eradicate transnational crime.

Apart from Switzerland, Indonesia has entered into the same agreement with Russia, Iran and a number of other countries. "We will continue this. For example with Serbia. Although there is no extradition agreement and MLA, Serbia has already submitted a draft and we will discuss it next year after the COVID-19 pandemic ends," he said.

He said this agreement is really needed because it contains important things in law enforcement and is expected to be able to answer the challenges and problems of criminal acts faced by Indonesia and Switzerland.

Moreover, the settlement of transnational criminal cases is far from easy and different from the handling of criminal cases within the territory of the state.

"The prevention and eradication of transnational crime requires bilateral and multiteral cooperation, especially in the fields of investigation, prosecution, examination at court sessions and implementation of court decisions," he concluded.

The law governing the Mutual Legal Aid Agreement with Switzerland was initiated by the 6th President of the Republic of Indonesia Susilo Bambang Yudhoyono in 2007 when he met the President of the Swiss Confederation Micheline Calmy-Rey at the State Palace, Jakarta. At that time, Calmy-Rey agreed with the idea of his government and the Indonesian government working together to return the assets of corruptors in the country.

Talks resumed in 2010 when the President of the Swiss Confederation Doris Leuthard visited Indonesia. However, this agreement was dimmed due to various obstacles. Including the technical return of assets and strict banking regulations in Switzerland.

Discussions came to life in the era of President Joko Widodo's administration and the first negotiations were held on 28-30 April 2015 in Bali.

The Indonesian delegation at that time was chaired by the Director of International Law and Central Authority who is currently the Director General of General Legal Administration at the Ministry of Law and Human Rights, Cahyo Rahadian Muzhar. The next two years, to be precise in August 2017, the second negotiations were held in Bern, Switzerland.

On February 4, 2019 Menkumham Yasonna Laoly and Swiss Justice Minister Karin Keller-Sutter signed the Indonesia-Swiss MLA agreement at a meeting in Bernerhof, Bern, Switzerland.

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