{
    "success": true,
    "data": {
        "id": 2007597,
        "msgid": "expert-asset-forfeiture-bill-should-not-regulate-illicit-enrichment-1790647001",
        "date": "2026-09-29 08:25:14",
        "title": "Expert: Asset Forfeiture Bill Should Not Regulate Illicit Enrichment",
        "author": "",
        "source": "DETIK",
        "tags": "",
        "topic": "Legal",
        "summary": "Legal academic Said Bakhri has advised that the proposed Asset Forfeiture Bill should exclude provisions regarding illicit enrichment. He argues that such offences should be addressed within substantive criminal law rather than procedural law to ensure legal certainty and due process.",
        "content": "<p>Said Bakhri, an academic from the Faculty of Law at Jayabaya\nUniversity, has proposed that illicit enrichment should not be included\nin the Asset Forfeiture Bill. He stated that illicit enrichment must be\nplaced within the appropriate legal construction.<\/p>\n<p>\u201cWe are providing notes regarding illicit enrichment. Illicit\nenrichment should be regulated under substantive law, not procedural\nlaw. To explain, the seizure of assets from illicit enrichment is a form\nof punishment for a substantive offence, and therefore should be placed\nwithin substantive criminal law,\u201d said Said Bakhri during a Public\nHearing (RDPU) with Commission III of the Indonesian House of\nRepresentatives (DPR RI) in Senayan, Jakarta, on Monday\n(28\/09\/2026).<\/p>\n<p>Said noted that the Asset Forfeiture Bill regulates mechanisms\nrelated to criminal acts. He proposed that the bill currently being\ndiscussed by Commission III of the DPR should not include illicit\nenrichment in its provisions.<\/p>\n<p>\u201cMeanwhile, the asset forfeiture bill regulates procedural law or the\nexecution of legal sanctions for criminal acts, which is procedural law.\nIn accordance with the legal principle of <em>lex superior derogat legi\ninferiori<\/em>\u2014where a higher regulation overrides or supersedes a lower\none if they conflict\u2014the asset forfeiture bill should not regulate\nillicit enrichment,\u201d he said.<\/p>\n<p>He emphasised that wealth irregularities must also be examined\nthrough fair evidence. Said stated that wealth discrepancies should not\nresult in an automatic verdict.<\/p>\n<p>\u201cFurthermore, wealth irregularities should not serve as an automatic\nverdict. Every legal consequence must be based on clear provisions or\nlegal certainty, involving verifiable evidence and the opportunity for\nthe parties involved to provide explanations,\u201d said Said.<\/p>\n<p>\u201cThe formation of legislation needs to carefully distinguish between\nthe regulation of criminal offences, methods of proof, the principle of\ndue process of law, and mechanisms,\u201d he concluded.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/expert-asset-forfeiture-bill-should-not-regulate-illicit-enrichment-1790647001",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}