Senin, Oktober 25, 2021

Government Regulates Auctions of Goods Confiscated by KPK

In a bid to implement provisions originally set under Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission, the government has now issued Regulation of the Government No. 105 of 2021 on Auctions of Goods Confiscated by the Corruption Eradication Commission (“Regulation 105/2021”). This new framework addresses auctions of goods originally confiscated by Indonesia’s Corruption Eradication Commission ("KPK"), specifically in relation to the following matters: 1) Requests for approvals or licenses; 2) Determinations of value limits; 3) Auction preparations; 4) Implementation of auctions; and 5) Administration of auction results.
Auctions of confiscated goods can be held during the investigation and prosecution stages or whenever a case is transferred to the court. Moreover, confiscated goods deemed fit for auction must fulfill one of the following criteria: 1) Must be easily damaged; 2) May cause harm; or 3) The relevant storage costs are deemed too high.
Sellers of any confiscated goods that will be auctioned must determine the value limits for said goods, which should be determined based on the results of appraisals that are carried out by government or public appraisers, including for confiscated goods include goods that can be easily damaged.
Applications for auctions of confiscated goods should be submitted by the relevant sellers to the Head of the State Auction Office whose working area covers the locations of the confiscated goods. Said applications should contain the following information at the least: 1) Identities of the relevant sellers; 2) List of confiscated goods that will be auctioned; 3) Value limits of the confiscated goods that will be auctioned; and 4) Reason for seeking sale through auction.
Regulation 105/2021 has been in force since 12 October 2021.

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In a bid to implement provisions originally set under Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission, the government has now issued Regulation of the Government No. 105 of 2021 on Auctions of Goods Confiscated by the Corruption Eradication Commission (“Regulation 105/2021”). This new framework addresses auctions of goods originally confiscated by Indonesia’s Corruption Eradication Commission ("KPK"), specifically in relation to the following matters: 1) Requests for approvals or licenses; 2) Determinations of value limits; 3) Auction preparations; 4) Implementation of auctions; and 5) Administration of auction results.
Auctions of confiscated goods can be held during the investigation and prosecution stages or whenever a case is transferred to the court. Moreover, confiscated goods deemed fit for auction must fulfill one of the following criteria: 1) Must be easily damaged; 2) May cause harm; or 3) The relevant storage costs are deemed too high.
Sellers of any confiscated goods that will be auctioned must determine the value limits for said goods, which should be determined based on the results of appraisals that are carried out by government or public appraisers, including for confiscated goods include goods that can be easily damaged.
Applications for auctions of confiscated goods should be submitted by the relevant sellers to the Head of the State Auction Office whose working area covers the locations of the confiscated goods. Said applications should contain the following information at the least: 1) Identities of the relevant sellers; 2) List of confiscated goods that will be auctioned; 3) Value limits of the confiscated goods that will be auctioned; and 4) Reason for seeking sale through auction.
Regulation 105/2021 has been in force since 12 October 2021.

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