Jakarta (ANTARA) \u2013 Constitutional law expert Jimmy Z. Usfunan of\nUdayana University says the Asset Forfeiture Bill should be enacted\nwithout delay to strengthen the fight against corruption by targeting\nassets obtained through crime.<\/p>\n
Speaking at a discussion in Jakarta on Monday, Jimmy said law\nenforcement had so far tended to use an in personam approach, in which\naction is directed at the perpetrator of a criminal offence. Under this\napproach, state assets taken out of the country have not been fully\nwithin reach.<\/p>\n
\u201cIf the asset forfeiture law is still not passed, these assets will\ncontinue to flow out, without creating a deterrent effect. That is why\nwe are urging that the asset forfeiture law be enacted as soon as\npossible,\u201d he said.<\/p>\n
He said the fight against corruption should not focus solely on\nperpetrators, but should also target the economic dimension so that\noffenders cannot continue to enjoy wealth linked to criminal\nactivity.<\/p>\n
Halting the flow of illicit wealth is considered an important means\nof deterring corruption perpetrators.<\/p>\n
In this regard, the drafting of the Asset Forfeiture Bill should\ninclude checks on the exercise of power to ensure the authority to seize\nassets is not used arbitrarily.<\/p>\n
\u201cThe Asset Forfeiture Bill, once it becomes law, must not become a\n\u2018weapon\u2019 used to criminalise people,\u201d Jimmy said after the\ndiscussion.<\/p>\n
He emphasised the importance of requiring a court ruling as part of\nthe asset-forfeiture process to protect citizens\u2019 rights against the\nrisk of criminalisation.<\/p>\n
He said limits on the powers of law-enforcement officials were\nessential when drafting the regulation, so that asset-forfeiture\ndecisions would not depend solely on officials\u2019 discretion.<\/p>\n
With a working committee established for the Asset Forfeiture Bill,\nhe urged Parliament to broaden public participation, including by making\nthe draft available to the public and holding more public hearings.<\/p>\n
Meanwhile, Kurnia Ramadhana, Deputy III at the Government\nCommunications Agency, said the government supported passage of the\nbill. He said President Prabowo Subianto had expressed this commitment\non several occasions.<\/p>\n
\u201cI think this issue has been discussed for more than ten years, and\nthe President has recognised the public\u2019s concerns. That is why the\nPresident is pushing for the Asset Forfeiture Bill to be enacted as soon\nas possible,\u201d Kurnia said.<\/p>\n
\u201cThe President sees this as an obstacle, so there needs to be another\ninstrument alongside the Corruption Crimes Law: an asset forfeiture law.\nWe do not want asset forfeiture to be limited to corruption offences,\nbut to cover other criminal offences as well,\u201d said Kurnia, a former\nanti-corruption researcher and activist.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/expert-asset-forfeiture-bill-should-be-enacted-without-delay-1793029966", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }