Asset Forfeiture Can Deter Corruptors Even Before State Losses Occur

Former leader of the Corruption Eradication Commission (KPK), Erry Riyana Hardjapamekas, has asserted that the Asset Forfeiture Bill must contain regulations capable of deterring perpetrators of corruption or other fraudulent activities after they engage in such prohibited practices.

During a Public Hearing (RDPU) with Commission III of the Indonesian House of Representatives (DPR RI), he stated that the objective of asset forfeiture is not merely to recover state assets by seizing the assets of corruptors, but to ensure perpetrators are deterred because they are unable to enjoy the proceeds of their corruption.

“Asset forfeiture is only one part of the asset recovery process. The most important goal of asset recovery is to make criminals feel deterred because they cannot enjoy the fruits of their crimes,” Erry said during the Asset Forfeiture Bill hearing on Monday (21/09/2024).

The former KPK Chairman for the 2003-2007 period cited the practice of gratification as an example, noting that the state may not initially record any losses before an investigation takes place. However, if a party is suspected of engaging in gratification that ultimately harms the state, the assets or wealth resulting from such gratification must be seized to create a deterrent effect on the perpetrator.

“Taking gratification as an example, it may not yet, or at least has not yet, caused real financial loss to the state. However, the recipient of the gratification has clearly obtained a benefit. This benefit is the proceeds of crime which must be able to be forfeited to ensure the recipient of the gratification is deterred and cannot enjoy the results,” he explained.

Consequently, the enforcement of corruption and other crimes must be significantly enhanced, particularly through the provisions contained within the Asset Forfeiture Bill.