Asset Confiscation Bill Warned Against Becoming a Political and Repressive Tool

JAKARTA, KOMPAS.com - The Draft Law (RUU) on Asset Confiscation Related to Criminal Acts has been warned against becoming a political tool. The warning was delivered by University of Indonesia (UI) legal expert Harkristuti Harkrisnowo during a general public hearing (RDPU) with the House of Representatives’ Commission III on Monday (20/4/2026). “The law must not become a repressive tool, and its implementation must not become a political instrument,” Harkristuti stressed during the RDPU, quoted from the TVR Parlemen YouTube broadcast on Monday. Another philosophical basis for the Asset Confiscation Bill is that illegal assets do not deserve protection under the law. In addition, the implementation of the Asset Confiscation Bill must ensure that citizens’ constitutional rights are not violated. “The oversight mechanism must be strong and effective, both internal and external. How will this oversight work? Because I haven’t seen it in the bill yet,” Harkristuti said. “So, the core is that there must be a balance between state power and citizens’ constitutional rights. Human rights, in my view, need to be emphasised more in this regard,” she continued. She emphasised the need for regulations on the use of the Asset Confiscation Bill in relation to criminal acts. “When should it be used? And this is not something that can be done arbitrarily,” Harkristuti stressed. According to her, there are four circumstances under which asset confiscation related to criminal acts can be carried out. First, when the suspect or defendant has died, fled, is permanently ill, or their whereabouts are unknown. “So even if they escape, we can still carry out asset confiscation,” Harkristuti said. Third, asset confiscation can be carried out if the criminal case cannot be tried. Finally, if the defendant has been found guilty by a court with final legal force.