Ikadin Chief Maqdir Ismail Highlights Presumption of Innocence in Asset Forfeiture Bill

The Chairman of the Indonesian Advocates Association (Ikadin), Maqdir Ismail, has provided input on the Asset Forfeiture Bill during a public hearing with Commission III of the House of Representatives. He specifically highlighted concerns regarding the asset forfeiture mechanism.

‘Asset forfeiture without waiting for a criminal verdict, firstly, must be based on the principle of prudence. This mechanism is effective, but it intersects with the presumption of innocence,’ Maqdir stated during the meeting at the Parliament complex in Senayan, Jakarta, on Monday.

He asserted that asset forfeiture must be supported by strong preliminary evidence. ‘It must revert to strong, irrefutable preliminary evidence that the asset is the proceeds of crime,’ he added.

Maqdir further elaborated on the matter of evidence, emphasising that the principle of prudence must be prioritised. ‘In our practice, it is often said that two pieces of preliminary evidence are sufficient. However, unfortunately, that preliminary evidence is sometimes not substantial and not relevant to the article under suspicion,’ Maqdir explained.

‘In our view, this is a note regarding prudence, that when discussing preliminary evidence, it must be substantial and also directly related to the article under suspicion,’ he continued.