Expert Proposes Renaming Asset Forfeiture Bill to 'Asset Protection Bill'

Public policy expert Bambang Harymurti has proposed changing the name of the Asset Forfeiture Bill to the ‘Asset Protection Bill’ during a public hearing (RDPU) with Commission III of the Indonesian House of Representatives (DPR) in Jakarta on Tuesday. He expressed concern that the current title could potentially legalise the theft of assets.

Speaking at the hearing, Bambang suggested the bill’s primary objective should be the recovery of state assets, and therefore a more appropriate title would be the ‘Protection of Assets, People’s Assets and Their Recovery Bill’. He highlighted the risk that the legislation, as currently framed, could grant excessive authority to the state to confiscate private property.

Bambang proposed ten protective principles to guide the deliberation of the bill. He stressed that permanent asset forfeiture must be decided by an independent court and that the burden of proof should remain with the state. He further insisted that pre-trial seizure should be limited to extraordinary circumstances, with such provisions formulated in a written and strict manner to prevent multiple interpretations.

He also emphasised that unexplained wealth should not be automatically deemed the proceeds of crime, and that third parties acting in good faith and innocent spouses must be protected. Bambang called for a factual and temporal link between the criminal act and the asset, independent and transparent asset management, and the availability of restitution and compensation for wrongful seizure. He concluded by stating that the abuse of authority for political purposes must be strictly prohibited.