Members of DPR Commission III have provided notes on the substance of\nthe Asset Confiscation Bill, which is currently in the drafting\nprocess.<\/p>\n
A follow-up general hearing (RDPU) discussing the Asset Confiscation\nBill invited two legal experts: Heri Firmansyah from Tarumanagara\nUniversity in Jakarta and Oce Madril, Chairman of the Anti-Corruption\nStudy Centre (Pukat) at the Faculty of Law, Gadjah Mada University.<\/p>\n
In their presentations, both provided input on the bill\u2019s substance\nbefore it is officially discussed with the government.<\/p>\n
Oce Madril, for instance, hopes that the Asset Confiscation Bill will\nnot only regulate seizure but also ensure that asset management provides\neconomic value to the state.<\/p>\n
\u201cThen, the second point, the approach to be used, in my view, is one\nthat balances the protection of property while also serving the state\u2019s\ninterest in upholding the law,\u201d said Oce.<\/p>\n
Meanwhile, Heri Firmansyah reminded the DPR that the Asset\nConfiscation Bill should not violate personal property rights. He\nassessed that the bill is difficult to achieve because it always faces\nissues with equality in law enforcement.<\/p>\n
\u201cBased on my knowledge and experience, the aspect of law enforcement\nthat is quite difficult to achieve is equality,\u201d said Heri.<\/p>\n
In response to these inputs, Commission III provided several notes.\nCNNIndonesia.com summarises the key points of those notes:<\/p>\n
Gerindra highlights the presumption of innocence principle<\/p>\n
DPR Commission III member from the Gerindra Faction, Bimantoro,\nhighlighted the presumption of innocence principle in the investigation\nprocess of alleged corruption cases.<\/p>\n
So far, said Bimantoro, law enforcement officials often create public\nopinion regarding the assets of suspected corruptors, even though their\nlegal status is not yet clear.<\/p>\n
\u201cNow it seems that before anything happens, right at the beginning,\nissues are created first, usually by law enforcement officials who\ncreate issues first, assets here and there, so this becomes dangerous,\u201d\nsaid Bimantoro.<\/p>\n
Therefore, in the future, he encourages the Asset Confiscation Bill\nto set limits so that officials cannot build open negative opinions\nagainst suspected corruption perpetrators.<\/p>\n
\u201cSo don\u2019t let it be that just because there is reasonable suspicion,\nthe origin is not yet clear, from where it was obtained, they are\nalready hammered first in the public space,\u201d he said.<\/p>\n
Golkar discusses assets of deceased defendants<\/p>\n
DPR Commission III member Soedeson Tandra raised the issue of asset\nconfiscation for perpetrators who have died. According to Soedeson, the\nlaw so far stipulates that criminal penalties are extinguished if a\nperson dies.<\/p>\n
He believes that the future Asset Confiscation Bill must properly\nregulate this matter. Therefore, he proposes that asset confiscation for\ndeceased convicts be done in another way, namely asset recovery.<\/p>\n
\u201cI agree more with the term asset recovery, or in Madurese, asset\nrecovery,\u201d said Soedeson.<\/p>\n
However, in practice, this contradicts several regulations.\nTherefore, such cases must be discussed together.<\/p>\n
PKB questions disguised assets<\/p>\n
DPR Commission III member Hasbiyallah Ilyas questioned the method of\nasset confiscation for corrupt proceeds that are disguised. Because in\nmany cases, he said, not all of the perpetrator\u2019s assets come from\ncorruption proceeds.<\/p>\n
\u201cHow about the corrupt proceeds that are disguised?\u201d said\nHasbiyallah.<\/p>\n
According to him, there are many differing perceptions in society\ncompared to officials. For the public, asset confiscation is interpreted\nas an effort to impoverish corruptors.<\/p>\n
However, for some circles, particularly state officials, not all\nassets come from corruption proceeds.<\/p>\n
\u201cThey understand that asset confiscation means taking everything,\nimpoverishing everyone, even if it\u2019s our own assets, not from corruption\nproceeds, for example,\u201d said Hasbiyallah.<\/p>\n
PDIP responds to proposal for special agency under the President<\/p>\n
A DPR Commission III member from the PDIP Faction said that they will\nconsider the proposal for a special agency authorised to execute asset\nconfiscation in the Asset Confiscation Bill.<\/p>\n
According to Safaruddin, the Asset Confiscation Bill will in\nprinciple be carried out by law enforcement officials. However, the\nAsset Confiscation Bill will only apply if the investigation process\ndoes not proceed well.<\/p>\n
\u201cWhen the criminal act does not proceed well, then the Asset\nConfiscation Law applies, yes, death, fleeing, we will detail it later,\u201d\nsaid Safaruddin.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/key-notes-from-dpr-commission-iii-on-the-asset-confiscation-bill-1775616747", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }