{
    "success": true,
    "data": {
        "id": 1643436,
        "msgid": "asset-forfeiture-bill-deemed-prone-to-misapplication-needs-strict-boundaries-1774861308",
        "date": "2026-03-30 14:59:07",
        "title": "Asset Forfeiture Bill Deemed Prone to Misapplication, Needs Strict Boundaries",
        "author": "Ardito Ramadhan",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "Professor Hibnu Nugroho from Universitas Jenderal Soedirman has warned that the Asset Forfeiture Bill risks targeting innocent parties if not framed with clear legal boundaries, particularly in its in rem approach against assets rather than individuals. He stressed the need for mechanisms to ensure proof of legitimate ownership, such as family inheritances, to avoid unfounded suspicions and uphold the presumption of innocence. The bill should be positioned as a special law to prevent overlaps with existing procedural rules, balancing criminal and civil elements.",
        "content": "<p>Professor at Universitas Jenderal Soedirman (Unsoed) Hibnu Nugroho\nhas warned of the potential for misapplication in the implementation of\nthe Asset Forfeiture Bill (RUU Perampasan Aset) if its provisions are\nnot formulated with strict boundaries.<\/p>\n<p>According to Hibnu, the concept of asset forfeiture targeting objects\n(in rem), not people, could lead to problems if not accompanied by legal\ncertainty regarding the subjects connected to those assets.<\/p>\n<p>\u201cIn this bill, ladies and gentlemen, the material needed is how the\nmechanism for this in rem lawsuit works. This lawsuit regulation, if\nit\u2019s fully in rem, a lawsuit against the asset\u2014what kind of asset? What\nabout the person first? This needs some strict boundaries,\u201d said Hibnu\nduring his input at the public hearing (RDPU) with Commission III of the\nHouse of Representatives (DPR RI) on Monday (30\/3\/2026).<\/p>\n<p>According to Hibnu, without such clarity, the asset forfeiture\nmechanism could create risks of misapplication, including against\nparties not involved in criminal acts.<\/p>\n<p>Hibnu gave an example: someone might have assets that appear\ndisproportionate to their job, but they actually come from legitimate\nsources, such as family inheritance.<\/p>\n<p>\u201cThis becomes a problem of suspicion. Where from? Even though it\u2019s\nfrom grandparents and so on,\u201d he said.<\/p>\n<p>Therefore, Hibnu emphasised the importance of caution in formulating\nthe rules so that the state does not easily suspect citizens\u2019 asset\nownership.<\/p>\n<p>He also highlighted potential issues in the burden of proof on asset\nowners.<\/p>\n<p>According to him, proof must be conducted in a balanced manner so as\nnot to harm parties who are actually innocent.<\/p>\n<p>\u201cThe presumption of innocence must also be clear. Ensuring the rights\nof the defendant, the rights of the suspect if it\u2019s still like this,\u201d\nsaid Hibnu.<\/p>\n<p>Furthermore, Hibnu assessed that the Asset Forfeiture Bill needs to\naffirm its position as a special rule (lex specialis), especially\nregarding proof.<\/p>\n<p>This is important to avoid overlaps with existing procedural law\nprovisions.<\/p>\n<p>\u201cThis is a criminal object but involves civil matters. So the core is\ncriminal, but related to civil,\u201d he said.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/asset-forfeiture-bill-deemed-prone-to-misapplication-needs-strict-boundaries-1774861308",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}