Supporting the Asset Forfeiture Bill, Pigai Provides Key Notes
Human Rights Minister Natalius Pigai supports the formation of the Asset Forfeiture Bill. However, he has requested that the House of Representatives (DPR) ensure the regulation does not create loopholes for the state to seize the property of the public without a court decision.
Pigai believes that the authority to forfeit assets must be directed towards corruptors, the mafia, and specific criminal activities, rather than the general public who are not involved in criminal acts. According to him, the protection of citizens’ property rights must be the primary consideration in formulating the legislation.
“Do not target the innocent general public,” Pigable stated in a statement on Thursday (3/9).
He questioned the legal basis if people’s property could be seized solely based on a legislative mandate without being reinforced by a court decision. In his view, such a mechanism has the potential to contradict the principle of the rule of law adopted by Indonesia.
“If the Asset Forfeiture Bill does not target corruptors but also the people, on what basis would the people’s property be seized based only on a legislative mandate and not based on a court decision?” he asked.
Pigai emphasised that Indonesia is a state governed by law, or rechtsstaat. Therefore, the seizure of citizens’ property, according to him, should not be carried out merely based on state authority granted through legislation, but must be accompanied by a court decision.
He even warned that granting the state the authority to seize the property of the people without a judicial mechanism is a characteristic that he believes is identical to communist or authoritarian states.
“If the state is given the authority to seize the property of the people, that only exists in communist (socialist) and power-based states (machtstaat),” said Pigai.
Consequently, Pigai requested that the primary target of the Asset Forfeiture Bill remains focused on assets related to criminal acts. He identified corruptors and the mafia as the groups that should be targeted, including perpetrators of specific crimes such as narcotics, terrorism, human trafficking, and smuggling.
According to Pigai, the formulation of the regulation must also account for the potential for abuse of power. He stressed that legal instruments intended to eradicate crime must not transform into tools to oppress the public.
“Formulating the law must consider the impact of potential misuse to coerce the people. Especially for citizens who may not even be suspects,” he said.
As the Minister of Human Rights, Pigai stated that he has an obligation to remind the DPR that the aspect of human rights protection must not be neglected in the drafting process of the Asset Forfeiture Bill.
“As the Minister of Human Rights, I am legally obligated to remind the DPR to ensure it is measured when formulating it,” said Pigai.