DPR Must Show Political Will: Invite Experts And The Community To Formulate Asset Confiscation Bill

The discourse on implementing the Non-Conviction Based Assets Forfeiture (NCB) mechanism, or confiscation of assets without punishment through the ratification of the Asset Confiscation Bill continues to emerge even though the political will and DPR's commitments continue to be questioned.

In fact, the public views the instruments of the Asset Confiscation Law as a strategic step to recover state losses due to criminal acts of corruption, especially in cases where it is difficult for perpetrators to be charged through conventional criminal law processes.

Law and Development Expert at Airlangga University Surabaya, Hardjuno Wiwoho, continues to encourage the DPR's political will to immediately ratify the Asset Confiscation Bill into law.

However, he admitted that the implementation of NCB in Indonesia was not easy because it needed real political courage and collaboration from the DPR. According to him, the DPR must immediately take concrete steps by inviting legal experts, civil society organizations, and the public to formulate regulations that are mature and can be implemented effectively.

Hardjuno emphasized the importance of a special draft regulation for NCB, separate from the framework of criminal law such as the Corruption Crime Law (UU Tipikor).

"If it is combined with the Anti-Corruption Law, there will be overlapping that has the potential to hinder the implementation of NCB," he said, Thursday, December 12.

He considered that special rules would provide legal clarity and facilitate implementation, especially for cases where perpetrators cannot be prosecuted criminally for death or lack of evidence.

"In this context, NCB allows the state to still be able to seize assets that are proven to come from criminal acts without having to go through a criminal process," explained Hardjuno.

Hardjuno also underlined the various challenges that may arise, especially resistance from the political and bureaucratic sectors.

"Not a few corruption cases involve strong actors in the realm of politics and bureaucracy, so great courage and commitment are needed to encourage this instrument," he said.

In addition, strict supervision and transparency are the keys to ensuring the implementation of NCB does not violate human rights and still respect the property rights of third parties who are not involved.

According to Hardjuno, most assets resulting from corruption are often hidden abroad. Therefore, the government needs to strengthen mutual legal aid agreements with other countries.

"Negara-negara seperti Amerika Serikat dan Australia telah berhasil memanfaatkan NCB untuk memulihkan aset koruptor yang dihiduh di luar negeri. Indonesia perlu belajar dari mereka," tambahnya.

Furthermore, Hardjuno urged the DPR to immediately show its commitment to eradicating corruption by accelerating the discussion of the Asset Confiscation Bill (RUU).

"The DPR must involve legal experts and the public to ensure that this bill is not only legally strong, but is also relevant to the need for eradicating corruption in Indonesia," he said.

He emphasized that the discussion of this bill should not be carried out half-heartedly.

"Public involvement is very important to create regulations that are transparent and answer people's needs in fighting corruption," said Hardjuno.

With these steps, Hardjuno is optimistic that Indonesia can realize a fairer and more effective legal system, and ensures that there are no more loopholes for perpetrators of corruption to enjoy the results of their crimes.