Points on Corruption Crime in Draft Bill on Asset Confiscation

The government is still preparing the Draft Bill on Asset Confiscation ( Rancangan Undang-Undang tentang Perampasan Aset – “RUU on Asset Confiscation”). This regulation aims to accelerate the recovery of state losses due to criminal acts, including corruption and money laundering.

Professor of the Islamic University of Indonesia Mudzakkir is of the opinion that the relationship between asset confiscation is not relevant with asset recovery from corruption crime. “Asset recovery from corruption crime can be returned or restored without the need for a Law on Asset Confiscation,” he said.

Therefore, Mudzakkir continued, there is no reason for law enforcers to have difficulty recovering assets because the basis is already stated in the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana – “KUHAP”) and Law No. 20 of 2001 on the Eradication of Corruption Crime (“UU Tipikor”). “If the investigator is professional, collect all assets. Then submit them to the court to prove that they do not come from corruption crime,” he continued.

The law must also be clear regarding the types of assets to be recovered, such as unowned assets, assets whose source of acquisition is doubtful or whose origin cannot be proven, asset owners who have died and whose heirs are unclear, and assets in the LHKPN whose source cannot be proven.

He proposed that this draft regulation be included in the state administration law, as part of preventing corruption crime.