Wamenkumham Says Bill On Asset Confiscation Can Be Confiscated Without Criminal Decision

Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej (ANTARA)

JAKARTA - Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej said the Asset Confiscation Bill (RUU) allows the confiscation of assets without being based on the criminal decision of the perpetrators of criminal acts.

"In Article 2 of the bill, it states that the confiscation of assets based on this law is not based on the imposition of crimes against perpetrators of criminal acts," Edward said in a public discussion "Accelerated Legal Reform with the preparation of the Asset Confiscation Law" as monitored by ANTARA, Wednesday, May 10.

This means, continued Edward, confiscation of assets can be carried out against perpetrators of criminal acts without waiting for a criminal decision. The regulation has never been regulated in a previous law.

Meanwhile, related to the confiscation of assets that must have a criminal decision, he said the regulation had been regulated in Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and several other laws.

"Therefore, in the draft law submitted by the Government to the DPR, this is really something that has not been regulated at all," he added.

He underlined that the Asset Confiscation Bill is not only related to corruption.

The bill is also related to other crimes, such as criminal acts involving assets with a value of at least Rp. 100 million and assets related to criminal acts that are threatened with imprisonment of at least four years.

This provision is regulated in Article 6 of the Bill on Asset Confiscation submitted by the Government to the DPR.

"Why do we determine four years? Because there are some crimes that are actually from a light prison perspective, but are crimes that have an impact on the economy, finance," said Edward.

Previously, Monday (8/5), the Secretary General (Sekjen) of the DPR RI Indra Iskandar said that the Presidential Letter (Surpres) regarding the Bill on the Confiscation of Criminal Assets had been received by the DPR RI on Thursday (4/5).

"Yes, that's right, the DPR has received the presidential decree on May 4," said Indra.