JAKARTA, Legal Literacy Deputy Speaker of the House of Representatives of the Republic of Indonesia Sufmi Dasco Ahmad stated that Commission III of the House of Representatives is currently conducting a “problem inventory” and drafting an academic paper draft as well as a draft Bill on Asset Forfeiture (RUU Perampasan Aset). Dasco mentioned that this step was taken after a number of strategic criminal regulations—including the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and its compilation with the Law on Corruption Eradication (UU Tipikor)—were deemed complete as a basis for synchronization.

The House of Representatives Compiles an Academic Paper on the Bill on Asset Forfeiture

According to Dasco, after the academic paper draft is completed, the House of Representatives plans to open a space for public participation before entering the bill discussion stage.

The House of Representatives is also placing the Bill on Asset Forfeiture within a broader framework of criminal law reform, so that the formulation of asset forfeiture can be aligned with the reform of the material and formal criminal law system.

Two Asset Forfeiture Concepts: Conviction Based and Non-Conviction Based

Head of the Expertise Agency of the House of Representatives Bayu Dwi Anggono explained that the draft recognizes two main approaches. First, conviction based forfeiture, namely asset forfeiture is carried out based on a criminal court decision that has permanent legal force against the perpetrator of a crime.

Second, non-conviction based forfeiture, namely an asset forfeiture mechanism that can be pursued without waiting for a criminal court decision, with certain criteria—for example, when the suspect/defendant dies, flees, is permanently ill, their whereabouts are unknown, the case cannot be tried, or criminal assets are found that have not been confiscated after a decision with permanent legal force.

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