New Chapter for the Formation of the Asset Forfeiture Law

KOMPAS/HENDRA A SETYAWAN

Chairman of the National Coordinating Committee for the Prevention and Eradication of Money Laundering Crimes (TPPU) who is also the Coordinating Minister for Politics, Law and Security (Menkopolhukam) Mahfud MD (center) gives a press statement after a discussion meeting on the Asset Forfeiture Bill (RUU) at the Kemenkopolhukam Office , Jakarta, Friday (14/3/2023).

JAKARTA, KOMPAS — The plan to form a law regarding the deprivation of assets of the results of criminal offenses enters a new phase. After being ignored for a long time, the draft regulation to strengthen the eradication of corruption which was the proposal of the government was officially submitted to the House of Representatives.

Based on information received by Kompas, the Presidential letter (Surpres) along with the bill manuscript on the deprivation of assets of the results of criminal acts was sent to the House on Thursday (4/5/2023). The letter contained a request to the House that the discussion and approval of the asset forfeiture bill became a top priority.

Through the letter, President Joko “Jokowi” Widodo said he assigned Coordinating Political, Legal and Security Affairs Minister Mahfud MD, Law and Human Rights Minister Yasonna H Laoly, Attorney General Sanitiar Burhanuddin, and chief of the National Police Gen. (Pol) Listyo Sigit Prabowo became the representatives of the government in the discussion of a bill for the asset forfeiture with the House.

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On Friday (5/5/2023), Coordinating Political, Legal and Security Affairs Minister Mahfud MD confirmed the information. Mahfud said the government had sent the presidential letter for the discussion of the asset forfeiture bill to the House. According to Mahfud, the asset forfeiture bill has been through a long journey since it was initiated in early 2010.

Based on Kompas notes, the asset forfeiture bill has entered the 2015 to 2019 National Legislation Program (Prolegnas). However, the bill was never discussed because it was not included in the list of the annual Prolegnas priority in 2015, 2016, 2017, 2018 and 2019.

Hopefully in the upcoming session period it begins to be discussed so that we can immediately make perpetrators of criminal acts.

The asset forfeiture bill returned to enter the 2020 to 2024 Prolegnas. According to Mahfud, the government had proposed the bill to enter the 2020 Prolegnas, but was not approved by the House. Only in 2023 the government and the House agreed that the asset forfeiture bill entered Prolegnas 2023.

"Hopefully in the upcoming session period it begins to be discussed so that we can immediately make perpetrators of criminal acts, especially corruptors, fearful because corruptors are only afraid of being poor, not afraid of being punished," he said.

The former chief of the Constitutional Court hoped that the asset forfeiture bill can be discussed for the longest in the two session periods of the House or in other words should be completed before the end of this year, because there has been a compromise that was previously agreed for the formation of the law.

Ready to discuss

A member of the House Commission III from the Indonesian Democratic Party of Struggle (PDI-P) faction, Johan Budi SP, said until now his party had not received information about the presidential letter of the asset forfeiture bill because the House was still in recess. However, in principle, the House is ready to discuss the bill. "I have fully supported the bill from the beginning so that the bill will be discussed immediately by the House," he said.

According to Johan, the handover of the letter on the asset forfeiture bill is good news for the eradication of corruption. It also shows that the government and the House are serious about forming the asset forfeiture law.

A member of House Commission III from the United Development Party (PPP) faction, Arsul Sani, added that his faction is ready to discuss the draft bill. In accordance with the mechanism in the House, the presidential letter will be received by the House leadership. The House leadership will then hold a meeting to replace the Deliberation Agency. "There it will be decided that the bill will be discussed where; whether in Commission III, Pansus (Special Committee), or Baleg (Legislation Agency)," he said.

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Because the asset forfeiture bill is an initiative proposal of the government, each faction will compile a list of problems inventory (DIM). "Therefore, the House needs time. What is clear is, of course, it will be discussed. How fast really depends on the kind of content, which cannot be commented on now," Arsul said.

Separately, a researcher at the Center for Anti-Corruption Studies at Gadjah Mada University, Zaenur Rohman, said the handover of the presidential letter on the asset forfeiture bill and the manuscript from the government to the House is a form of government seriousness to complete the legal instrument of corruption eradication.

Thus far, many cases of alleged criminal acts of corruption have been hampered by their resolution due to lack of effective rules. The existing laws and regulations cannot effectively ensnare the perpetrators of corruption with the mode of money laundering.

"One of them is because it is not easy to find predicate crime [origin of criminal offenses] by law enforcement officials," he said.

This article was translated by Hyginus Hardoyo.