Expert Tells DPR No Country Has Successfully Implemented Asset Forfeiture Law

Senior advocate Juniver Girsang proposed changing the nomenclature of the Asset Forfeiture Bill to the Criminal Asset Recovery Law during a public hearing on the bill at House of Representatives Commission III on Monday (3/8). On that occasion, Juniver put forward two options for the nomenclature change. Besides the Criminal Asset Recovery Law, he also proposed changing it to the Criminal Asset Restoration Law. “The nomenclature we propose is the Criminal Asset Restoration Law or the Criminal Asset Recovery Law,” he said during the meeting. Juniver believes these two nomenclatures are in accordance with the United Nations Convention Against Corruption (UNCAC), which regulates asset recovery. He understands that the public currently prefers the nomenclature Asset Forfeiture Law. However, Juniver believes this nomenclature is ethically improper. “So, with this title, before anything has happened, a person has already been convicted of an act. Before anything has happened, it is already said to be forfeited, meaning a crime has already been committed,” he said. On that occasion, Juniver also warned that the Asset Recovery Bill could become a political tool of power in the future. He believes this is a concern shared by all parties regarding the bill. “Do not let this become a new tool, a ‘tool of power’ to eliminate political opponents. Deep down, that is our shared concern,” he said. Juniver reminded that the bill should not become a control tool for developed countries through ratification. He assessed that, to date, no country has successfully implemented an asset forfeiture law. “Perhaps we need to study further which countries have successfully ratified asset forfeiture laws, so we can learn from them. But to my knowledge, no country has succeeded after this was enacted,” said Juniver. “Instead, it becomes, what is the most appropriate term, a tool to eliminate opponents. That is why we firmly state that this bill is very biased,” he added.