Expansion of Asset Forfeiture Bill: Observers Warn of Misuse Risks
Legal and development observer Hardjuno Wiwoho has warned that expanding the scope of the Asset Forfeiture Bill (RUU Perampasan Aset) to include 13 types of criminal offences is a progressive step, but emphasised the need for extra caution in drafting clauses to prevent the legal instrument from being misused. According to Hardjuno, no matter how powerful a legal instrument is, it risks becoming a boomerang if it is not bound by the principles of due process of law.
“Asset forfeiture must be based on strong evidence and transparent oversight mechanisms. We must ensure that legal instruments do not transform into tools for political interests,” Hardjuno stated in Jakarta on Tuesday (1/9).
Hardjuno believes that strict supervision is crucial to ensure that the regulation is not exploited by officials to criminalise or extort the public. He emphasised that the Asset Forfeiture Bill must possess a strong spirit of corruption eradication, in line with the commitment of President Prabowo Subianto.
“Therefore, there should be no more playing around with this Bill. The expansion of criminal objects must focus on heavy crimes involving significant state losses, rather than targeting minor offences that could potentially ensnare ordinary citizens,” he asserted.
Furthermore, Hardjuno reminded the House of Representatives (DPR) and the government not to stop at the discourse stage. The public is currently demanding concrete, clause-by-clause discussions, especially amidst the decline of Indonesia’s Corruption Perception Index in recent years.
“The point is, this Bill must not become a political weapon. It must be ensured that this Bill does not practice selective enforcement in combating criminal acts,” he added.
Regarding the views from the House of Representatives, the Chairman of Commission III of the DPR, Habiburokhman, confirmed the proposal to include 13 types of criminal offences. He guaranteed that the regulation would be non-discriminatory, in accordance with the principle of equality before the law. “Anyone who commits a legal violation must face sanctions, regardless of their position or background,” Habiburokhman said on Monday (31/8).
Habiburokhman also acknowledged public concerns regarding the potential for ordinary citizens to be affected by the asset forfeiture mechanism. However, he ensured that the future implementation of the rules must be free from selective enforcement so that major perpetrators of crime do not escape legal consequences.
Meanwhile, the Deputy Speaker of the DPR, Cucun Ahmad Syamsurijal, revealed that the draft of the Asset Forfeiture Bill cannot yet be published to the wider public. However, Deputy Speaker Saan Mustopa ensured that the space for public input remains open through Public Hearing Meetings (RDPU), with a target for ratification by 15 December 2026.