Senin, Mei 3, 2021

Draft Bill on Asset Confiscation Shifts Emphasis from Imprisonment to Asset Recovery

Dian Ediana Rae, Head of the Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan – “PPATK”), issued a recent statement affirming that the Draft Bill on Asset Confiscation (“Draft Bill”) is set to introduce a paradigm shift in terms of Indonesia’s prevailing criminal-law framework, particularly as regards the pertinent issue of asset confiscation. When the Draft Bill passes into law, it will focus less on an imprisonment-oriented approach and shift the emphasis to asset recovery. More specifically, the Draft Bill is set to usher in the following changes: 1) Assets that are acquired as a result of criminal activity will now also be indicted alongside the relevant perpetrators; 2) The civil-court judicial mechanism will be adopted; 3) Non-application of criminal sanctions.
Mr. Rae went on to explain that the main substance of the Draft Bill addresses the following areas: 1) Confiscation of unexplained wealth in the interests of the state; 2) Procedural law relating to asset confiscation; and 3) Asset management.
Commenting on this new framework, Yunus Husein, a lecturer at the Jentera Indonesian Law College (Sekolah Tinggi Hukum Indonesia/STHI) and former Head of the PPATK, has stated his belief that asset confiscation is not based on the punishment of the perpetrators of crimes. However, Mr. Husein also stressed that such a focus does not eliminate the power to prosecute the perpetrators of criminal acts, while any assets that are seized by the state cannot be reclaimed.
Also commenting on this issue, Arsul Sani, a member of Commission III at the House of Representatives, recently stated that a number of issues relating to the Draft Bill still need to be resolved, particularly the absence of the required provisions under the current Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) and Criminal Procedural Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP).
For more on this story, see Hukumonline: “RUU Perampasan Aset Mengubah Paradigma Hukum Pidana”.

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Dian Ediana Rae, Head of the Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan – “PPATK”), issued a recent statement affirming that the Draft Bill on Asset Confiscation (“Draft Bill”) is set to introduce a paradigm shift in terms of Indonesia’s prevailing criminal-law framework, particularly as regards the pertinent issue of asset confiscation. When the Draft Bill passes into law, it will focus less on an imprisonment-oriented approach and shift the emphasis to asset recovery. More specifically, the Draft Bill is set to usher in the following changes: 1) Assets that are acquired as a result of criminal activity will now also be indicted alongside the relevant perpetrators; 2) The civil-court judicial mechanism will be adopted; 3) Non-application of criminal sanctions.
Mr. Rae went on to explain that the main substance of the Draft Bill addresses the following areas: 1) Confiscation of unexplained wealth in the interests of the state; 2) Procedural law relating to asset confiscation; and 3) Asset management.
Commenting on this new framework, Yunus Husein, a lecturer at the Jentera Indonesian Law College (Sekolah Tinggi Hukum Indonesia/STHI) and former Head of the PPATK, has stated his belief that asset confiscation is not based on the punishment of the perpetrators of crimes. However, Mr. Husein also stressed that such a focus does not eliminate the power to prosecute the perpetrators of criminal acts, while any assets that are seized by the state cannot be reclaimed.
Also commenting on this issue, Arsul Sani, a member of Commission III at the House of Representatives, recently stated that a number of issues relating to the Draft Bill still need to be resolved, particularly the absence of the required provisions under the current Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) and Criminal Procedural Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP).
For more on this story, see Hukumonline: “RUU Perampasan Aset Mengubah Paradigma Hukum Pidana”.

......