Peradi SAI Proposes Special Judges for Asset Forfeiture Bill
Wakil Sekretaris Jenderal (Wasekjen) Perhimpunan Advokat Indonesia Suara Advokat Indonesia (Peradi SAI) Alfin Sulaiman has proposed that future asset forfeiture cases must be tried by a panel of specially certified judges. This is intended to guarantee legal certainty and professionalism amid the high complexity of legal proof in asset forfeiture.
"In the examination and execution of asset forfeiture through the courts, Peradi SAI strongly proposes that the judges who will later preside over asset forfeiture cases be special judges at the District Court who have been equipped with knowledge, at least through a specific certification process," said Alfin during a Public Hearing Meeting (RDPU) with Commission III of the Indonesian House of Representatives (DPR RI) regarding the discussion of the Asset Forfeiture Bill, on Monday (13/7).
Alfin revealed that the importance of these special judges lies in the mechanism of the asset forfeiture case itself. This new regulation will use the concept of Non-Conviction Based Forfeiture (NCBF), which does not focus on proving the guilt of the perpetrator, but rather on the causal relationship between the asset and the criminal act, known as an in rem lawsuit (property-based proceeding).
Therefore, the panel of judges is required to have a deep, up-to-date, and specific mastery of the material that may not necessarily be understood by general court judges. "Thus, judges must understand the concepts within it. For example, regarding beneficial ownership, asset tracing, complex financial transactions, and cross-border digital assets," Alfin elaborated.
Furthermore, Alfin reminded that the instrument of asset forfeiture without a criminal verdict is a new concept in Indonesia that is highly susceptible to conflicting with human rights. This is where the integrity and expertise of special judges are tested to balance the interests of recovering state losses with the property rights of citizens.
He assessed that judges must be astute in observing the legal position of third parties acting in good faith so that their civil rights are not crushed by arbitrary law enforcement. Alfin considered the presence of this special certification by reflecting on the effectiveness of other special courts. He believes that standardising the competence of judges will produce consistent, harmonious, transparent, and legally sound court decisions.
"Because assets can be confiscated without a criminal verdict against their owner, judges must be able to maintain a balance between the state’s interest in recovering assets from the proceeds of crime and the protection of property rights based on the principle of due process of law and the rights of third parties acting in good faith," he explained.