Expert Warns Against Arbitrary Use of Asset Forfeiture Bill
JAKARTA, KOMPAS.com - University of Indonesia (UI) law expert Harkristuti Harkrisnowo has warned that the draft law (RUU) on Asset Forfeiture Related to Criminal Acts, if enacted, must not be implemented arbitrarily.
She emphasised the need for regulations on the use of the Asset Forfeiture Bill related to criminal acts.
“When should it be used? And this is not something that can be done arbitrarily,” Harkristuti stressed during a public hearing (RDPU) of the DPR’s Commission III discussing the Asset Forfeiture Bill, quoted from the TVR Parlemen YouTube broadcast on Monday (20/4/2026).
Secondly, the defendant is acquitted of all legal charges or ontslag van alle rechtsvervolging.
“So even if acquitted, we can still carry out asset forfeiture,” said Harkristuti.
Thirdly, asset forfeiture can be carried out if the criminal case cannot be tried. Finally, the defendant has been found guilty by a court with final legal force.
“Therefore, here we see that in this asset forfeiture, law enforcement is not directed at people or individuals, but at assets,” she continued, emphasising.
Previously, the DPR’s Expert Body had prepared and completed the academic paper and draft of the Asset Forfeiture Bill Related to Criminal Acts.
DPR Expert Body Chairman Bayu Dwi Anggono stated that the Asset Forfeiture Bill draft consists of eight chapters and 62 articles.
This was conveyed by Bayu during a hearing (RDP) with Commission III of the DPR on Thursday (15/1/2026).
“In the context of why this bill is important, it ensures that the proceeds of crime cannot be enjoyed by the perpetrators. Primarily for crimes motivated by economic gain and the like, so that they can be restored,” said Bayu during the RDP on Thursday.
“Regarding the types of assets that can be forfeited, the assets from criminal acts that can be forfeited first are assets known or reasonably suspected to have been used or are being used as tools or means to commit criminal acts or to obstruct the judicial process,” said Bayu.
Meanwhile, the second type of assets that can be forfeited are assets that are the direct proceeds of criminal acts.
“The second, assets from criminal acts,” said Bayu.
“The third, other legitimate assets owned by the criminal actor to pay for losses equal to the assets that have been declared forfeited by the state,” said Bayu.