No Need to Fear the Asset Forfeiture Bill, Legal Expert: As Long as It's Not Criminal, No Problem
Professor of Criminal Law at Universitas Jenderal Soedirman (Unsoed), Hibnu Nugroho, has reminded that the Asset Forfeiture Bill must continue to uphold the principles of human rights protection. He assessed that the mechanism of asset forfeiture without criminal prosecution or Non-Conviction Based Asset Forfeiture (NCB) must not be misinterpreted as an arbitrary seizure of someone’s wealth.
According to Hibnu, concerns arise due to the perception that individuals with unusual wealth profiles will immediately lose their assets. He reflected on the failure of the reverse burden of proof system in the past, which was seen as laden with prejudice or suspicion.
“The issue is that this forfeiture is inseparable from human rights protection. The initial idea seems as if assets are seized just like that if the profile doesn’t match. This is the problem in society,” said Hibnu during the Public Hearing (RDPU) for the Asset Forfeiture Bill at Commission III of the DPR RI on Monday (30/3).
Hibnu emphasised that asset forfeiture should only be carried out if there is strong indication of criminal activity. He asked the public, including academics and professionals, not to worry as long as the wealth owned does not originate from criminal acts.
“As long as there is no criminal-related activity, I think it’s no problem. The state is only allowed to seize or forfeit assets related to illegal activities. This is what will provide legal certainty going forward,” he explained.
He rejected the public view that seems to regard excessive wealth as an automatic legal issue. For him, asset tracing will only proceed if there is evidence of illegal origins or profits obtained from crime.
On the other hand, Hibnu sees a positive side to the presence of the Asset Forfeiture Bill, namely encouraging a culture of orderly asset ownership administration. He said that the public and officials will be more disciplined in reporting the origins of their wealth, from land certificates to clear proof of house ownership.
“There is a positive side because the origins, even if they are very good, but when orderly, no problem,” said Hibnu.