{
    "success": true,
    "data": {
        "id": 1992921,
        "msgid": "former-kpk-chief-asset-forfeiture-cannot-be-applied-to-everyone-1789991672",
        "date": "2026-09-21 18:10:00",
        "title": "Former KPK Chief: Asset Forfeiture Cannot Be Applied to Everyone",
        "author": "",
        "source": "CNBC",
        "tags": "",
        "topic": "Legal",
        "summary": "Former leader of the Corruption Eradication Commission (KPK), Erry Riyana Hardjapamekas, has cautioned against the indiscriminate application of asset forfeiture. During a parliamentary hearing, he emphasised that existing laws already provide mechanisms for asset recovery through reverse burden of proof, provided there is clear evidence from thorough investigations.",
        "content": "<p>Jakarta, CNBC Indonesia - The former leader of the Corruption\nEradication Commission (KPK), Erry Riyana Hardjapamekas, has revealed\nthat Indonesia already possesses numerous legal instruments regarding\nasset forfeiture and the recovery of state assets from corrupt\nactors.<\/p>\n<p>He made these remarks during a Public Hearing (RDPU) with Commission\nIII of the Indonesian House of Representatives (DPR RI) regarding the\ndiscussion of the Asset Forfeiture Bill (RUU Perampasan Aset).<\/p>\n<p>\u201cThe legal instruments in Indonesia addressing asset forfeiture or\nasset recovery are actually quite numerous, ranging from the Criminal\nCode (KUHP), the Criminal Procedure Code (KUHAP), the Anti-Corruption\nLaw, the Narcotics Law, and others,\u201d Erry stated during the hearing on\nMonday (2\u00a0\/09\/2026).<\/p>\n<p>Erry explained that within both the Anti-Corruption Law and the\nNarcotics Law, there are legal instruments involving the reverse burden\nof proof regarding the wealth of suspects or defendants, specifically\nunder Article 28 and Article 38B of the Anti-Corruption Law, and Article\n97 and 98 of the Narcotics Law.<\/p>\n<p>\u201cIn the Anti-Corruption and Narcotics Laws, it is already regulated\nthat if a defendant fails to prove that their other assets were obtained\nlegally, then those assets may be forfeited,\u201d he explained.<\/p>\n<p>Therefore, he argued, the drafting of the Asset Forfeiture Bill\nshould incorporate the existing legal instruments found in those laws,\nand should not be applied to everyone without clear evidence.<\/p>\n<p>\u201cWhat I am conveying is that asset forfeiture should not be drafted\narbitrarily; it should not be applied to everyone without clear proof,\nbecause this is an issue where law enforcement officers are sometimes\nsomewhat lazy or lack the capability to conduct tracing and tracking,\u201d\nhe said.<\/p>\n<p>\u201cThe results of this tracing and tracking are what should actually\nserve as valid and highly convincing evidence to forfeit or recover\nstate assets,\u201d Erry emphasised.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/former-kpk-chief-asset-forfeiture-cannot-be-applied-to-everyone-1789991672",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}