Academic Proposes Seizure of Assets Without Criminal Conviction as Last Resort Option
Jakarta, Kompas.com - The Dean of the Faculty of Law at Universitas Airlangga (Unair), Maradona, has proposed that the mechanism for seizing assets without a criminal conviction in the draft Asset Seizure Bill should only be used as a last resort.
“Limitative triggers are important. If a conviction-based approach cannot be pursued, only then can law enforcement proceed with the mechanism without a criminal conviction. This becomes a rational choice,” Maradona stated during a public hearing (RDPU) with Commission III of the DPR RI on Monday (30/3/2026).
According to him, the conviction-based approach must remain the primary mechanism for asset seizure, as it falls within the realm of criminal law that emphasises proof against the perpetrator.
“The concern is how to avoid abuse. Since this provides many facilitations, there must be clear boundaries on when this mechanism is used,” he said.
Maradona explained that the fundamental principle in asset seizure is that property rights are not absolute.
He also stressed that the law only protects property obtained from lawful causes.
Nevertheless, he emphasised that the use of the mechanism without a criminal conviction must still be preceded by strong initial evidence from law enforcement.
According to him, the reversal of the burden of proof in trials does not automatically eliminate the obligation of authorities to present preliminary evidence.
“Investigators must be able to show solid initial or prima facie evidence before the judge. The judge then assesses whether the asset is reasonably suspected to be the proceeds of a criminal act,” said Maradona.
“Everything must go through the court. It cannot be just from one side of law enforcement. There must be judicial scrutiny,” he added.
Previously reported, the DPR’s Expert Body has prepared and completed the academic paper and draft of the Asset Seizure Bill Related to Criminal Acts.
The Head of the DPR’s Expert Body, Bayu Dwi Anggono, stated that the draft Asset Seizure Bill consists of eight chapters and 62 articles.