PhD Student at Airlangga University Examines Non-Conviction Based Asset Forfeiture
Indonesia currently lacks comprehensive regulations specifically governing the mechanism of non-conviction based asset forfeiture (NCB). Yet this mechanism has long been part of the international framework in efforts to recover assets derived from criminal activity, particularly corruption and money laundering.
This issue became one of the main discussion points in a doctoral research viability examination undertaken by Shri Hardjuno Wiwoho at Airlangga University (Unair) in Surabaya, East Java on Thursday, 12 March 2026. In his dissertation examination, Hardjuno presented a study regarding the principle of legal certainty in the non-conviction based asset forfeiture mechanism.
According to Hardjuno, Indonesia has actually ratified the United Nations Convention Against Corruption (UNCAC) since 2006. However, to date, Indonesia does not possess national regulations that specifically and comprehensively govern the mechanism of non-conviction based asset forfeiture within the national legal system.
Hardjuno explained that in many cases of economic crime such as corruption and money laundering, assets derived from criminal activity are often transferred, hidden, or diverted through various complex financial mechanisms. This situation causes the process of recovering state losses to become prolonged because law enforcement typically must await a criminal conviction against the perpetrator first.
He elaborated that the NCB concept enables the state to seize assets suspected of originating from criminal activity without having to await a criminal verdict against the perpetrator. This approach shifts the focus of law enforcement from merely pursuing criminals towards tracing and recovering proceeds of crime through the “follow the money” principle.
Hardjuno stated that this mechanism has been implemented in several countries as an important instrument in recovering state assets, particularly in cases of corruption, money laundering, and transnational economic crime. However, in the Indonesian context, its implementation remains a matter of debate.
This situation is related to the protection of private property rights and the principle of legal certainty. “Asset forfeiture must not disregard legal certainty and protection of the public’s rights,” said Hardjuno.