MP Proposes Limited Regulations on Asset Forfeiture Without Criminal Conviction

JAKARTA - A member of Commission III of the House of Representatives (DPR), Soedeson, is pushing for limitations on asset forfeiture without a criminal conviction, or non-conviction based forfeiture (NCBF).

The proposal was presented during a public hearing (RDPU) by Commission III with several experts discussing the draft law (RUU) on Asset Forfeiture Related to Criminal Acts, on Monday (6/4/2026).

“I agree with NCB but limited if he flees, dies, flees and the like,” said Soedeson during the RDPU, quoted from the YouTube broadcast of TVR Parlemen, on Monday.

Therefore, limitations and oversight are needed to prevent misuse of the Asset Forfeiture Bill.

“If non-conviction based, I more agree with the term asset recovery or in Madurese language asset recovery, right? Like that. So that there is no abuse of power,” said Soedeson.

This was stated when explaining the procedural legal flow or mechanism of asset forfeiture without being based on a criminal conviction or non-conviction based forfeiture (NCBF).

“Meaning without being based on a criminal decision against the perpetrator of the criminal act under the criteria as we regulate in Article 6,” said Bayu in the hearing (RDP) of the Asset Forfeiture Bill with Commission III of the DPR, on Thursday (15/1/2026).

“For example, the suspect or defendant dies, flees, has permanent illness, or their whereabouts are unknown,” he continued.

“In which the forfeiture of the said assets is carried out based on a criminal decision against the perpetrator of the criminal act. So the criminal process is carried out first until it has permanent legal force against the perpetrator of the criminal act,” said Bayu.

Bayu also presented the types of assets that can be forfeited by the state in the draft Asset Forfeiture Bill.

“Regarding the types of assets that can be forfeited, the criminal assets that can be forfeited first are assets that are known or reasonably suspected to have been used or have been 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 result of criminal acts.

“The second, assets from criminal acts,” said Bayu.

“The third, other legitimate assets owned by the perpetrator of the criminal act to pay for losses as much as the assets that have been declared forfeited by the state,” said Bayu.