Expert Highlights Potential Conflict Between Marital Assets and Corruption Asset Forfeiture

Jakarta - A marriage law expert from the University of Indonesia’s Faculty of Law, Neng Djubaedah, has highlighted the potential clash between marital assets and asset forfeiture policies, particularly in corruption cases. “In marriage, there are several types of assets, namely joint assets, brought-in assets, and individual assets of the husband or wife obtained through inheritance, grants, or gifts,” stated Neng Djubaedah during a hearing on the formulation of the Asset Forfeiture Bill with House of Representatives Commission III on Monday (20/4/2026). This Associate Professor explained that understanding the types of marital assets is crucial before including an asset as an object of forfeiture. She cited the example of a gift from parents to a wife obtained during the marriage but later included as an object of asset forfeiture. According to her, this could potentially violate the wife’s rights if not carefully examined. Neng emphasised the importance of marriage agreements in determining asset status. She reminded that since the amendment to Article 29 of the Marriage Law, marriage agreements can now be made not only before or at the time of marriage but also during the marriage. “Marriage agreements are key to determining whether assets are combined or separated. This is very determining in the context of asset forfeiture,” she explained. According to her, the state must ensure that family rights remain protected, including rights to legitimate assets. Neng linked this to constitutional guarantees in the 1945 Constitution, such as the right to protection of self, family, and property. She warned that the asset forfeiture process should not ignore these rights. Furthermore, Neng Djubaedah also raised the issue of separating lawfully acquired assets from those resulting from corruption offences. According to her, this presents a particular challenge in practice.