UMJ Vice-Rector IV Provides Input on Asset Forfeiture Bill at DPR RI

Universitas Muhammadiyah Jakarta (UMJ) Vice-Rector IV, Dr. Septa Candra, SH, MH, attended a Public Hearing (RDPU) with the Working Committee (Panja) of the Asset Forfeiture Bill at the House of Representatives (DPR RI) Commission III. The event took place at the DPR RI Commission III Meeting Room, Nusantara II Building, Jakarta, on Monday. Septa emphasised that the Asset Forfeiture Bill needs to be discussed and passed immediately. According to him, this regulation is needed to confiscate assets resulting from criminal acts so that the state’s economy can be restored. He explained that the discussion covered urgency, the scope of objects, procedural law mechanisms, the Non-Conviction Based (NCB) principle, prerequisites for its application, the ex parte principle, asset management, voluntary asset return, and recommendations for perfecting the bill. Septa stated that asset forfeiture plays a strategic role in preventing crime while returning assets to the state for financial losses. He explained that the NCB principle allows for asset forfeiture without a criminal conviction against the perpetrator. However, this mechanism can only be applied if criminal prosecution is not possible or has been unsuccessful. He also proposed that the bill provide room for the voluntary return of assets. This proposal aligns with the sentencing direction of Law No. 1 of 2023 concerning the Criminal Code (KUHP) and Law No. 20 of 2025 concerning the Criminal Procedure Code (KUHAP), which are shifting from a retributive to a restorative approach. Septa suggested considering space for voluntary asset return through restorative justice and plea bargaining. He explained that this mechanism is expected to encourage perpetrators to voluntarily surrender assets resulting from criminal acts, after which the case can be terminated. He put forward four main proposals: positioning asset forfeiture as a last resort when criminal proceedings are impossible or unsuccessful; clarifying the objects of criminal assets that can be confiscated along with their mechanisms and prerequisites; strengthening the application of the ex parte principle through Non-Conviction Based Asset Forfeiture to cripple the economic mobility of criminals; and establishing a special asset management body staffed by multidisciplinary professionals to maintain the economic value of seized assets. He noted that if law enforcement is carried out by violating the law, it is no different from the criminals who act against the law. The Chair of Commission III of the DPR RI, Dr. Habiburokhman, SH, MH, highlighted the importance of supervision in the implementation of the Asset Forfeiture Bill to prevent abuse of power by law enforcement officials.