Key Notes from DPR Commission III on the Asset Confiscation Bill

Members of DPR Commission III have provided notes on the substance of the Asset Confiscation Bill, which is currently in the drafting process.

A follow-up general hearing (RDPU) discussing the Asset Confiscation Bill invited two legal experts: Heri Firmansyah from Tarumanagara University in Jakarta and Oce Madril, Chairman of the Anti-Corruption Study Centre (Pukat) at the Faculty of Law, Gadjah Mada University.

In their presentations, both provided input on the bill’s substance before it is officially discussed with the government.

Oce Madril, for instance, hopes that the Asset Confiscation Bill will not only regulate seizure but also ensure that asset management provides economic value to the state.

“Then, the second point, the approach to be used, in my view, is one that balances the protection of property while also serving the state’s interest in upholding the law,” said Oce.

Meanwhile, Heri Firmansyah reminded the DPR that the Asset Confiscation Bill should not violate personal property rights. He assessed that the bill is difficult to achieve because it always faces issues with equality in law enforcement.

“Based on my knowledge and experience, the aspect of law enforcement that is quite difficult to achieve is equality,” said Heri.

In response to these inputs, Commission III provided several notes. CNNIndonesia.com summarises the key points of those notes:

Gerindra highlights the presumption of innocence principle

DPR Commission III member from the Gerindra Faction, Bimantoro, highlighted the presumption of innocence principle in the investigation process of alleged corruption cases.

So far, said Bimantoro, law enforcement officials often create public opinion regarding the assets of suspected corruptors, even though their legal status is not yet clear.

“Now it seems that before anything happens, right at the beginning, issues are created first, usually by law enforcement officials who create issues first, assets here and there, so this becomes dangerous,” said Bimantoro.

Therefore, in the future, he encourages the Asset Confiscation Bill to set limits so that officials cannot build open negative opinions against suspected corruption perpetrators.

“So don’t let it be that just because there is reasonable suspicion, the origin is not yet clear, from where it was obtained, they are already hammered first in the public space,” he said.

Golkar discusses assets of deceased defendants

DPR Commission III member Soedeson Tandra raised the issue of asset confiscation for perpetrators who have died. According to Soedeson, the law so far stipulates that criminal penalties are extinguished if a person dies.

He believes that the future Asset Confiscation Bill must properly regulate this matter. Therefore, he proposes that asset confiscation for deceased convicts be done in another way, namely asset recovery.

“I agree more with the term asset recovery, or in Madurese, asset recovery,” said Soedeson.

However, in practice, this contradicts several regulations. Therefore, such cases must be discussed together.

PKB questions disguised assets

DPR Commission III member Hasbiyallah Ilyas questioned the method of asset confiscation for corrupt proceeds that are disguised. Because in many cases, he said, not all of the perpetrator’s assets come from corruption proceeds.

“How about the corrupt proceeds that are disguised?” said Hasbiyallah.

According to him, there are many differing perceptions in society compared to officials. For the public, asset confiscation is interpreted as an effort to impoverish corruptors.

However, for some circles, particularly state officials, not all assets come from corruption proceeds.

“They understand that asset confiscation means taking everything, impoverishing everyone, even if it’s our own assets, not from corruption proceeds, for example,” said Hasbiyallah.

PDIP responds to proposal for special agency under the President

A DPR Commission III member from the PDIP Faction said that they will consider the proposal for a special agency authorised to execute asset confiscation in the Asset Confiscation Bill.

According to Safaruddin, the Asset Confiscation Bill will in principle be carried out by law enforcement officials. However, the Asset Confiscation Bill will only apply if the investigation process does not proceed well.

“When the criminal act does not proceed well, then the Asset Confiscation Law applies, yes, death, fleeing, we will detail it later,” said Safaruddin.