- Despite an uncertain future for the Draft Bill on Asset Confiscation ("Draft Bill"), Indonesia’s Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD ("Minister") has confirmed that the government has urged the House of Representatives (Dewan Perwakilan Rakyat – "DPR") to expedite the process of approving and passing the Draft Bill.
- The Draft Bill is included on the current five-year list of the National Legislation Program (Program Legislasi Nasional – "Prolegnas"), while the government more recently proposed that the Draft Bill should be listed as part of the 2022 Amended Priority Prolegnas and the 2023 Priority Prolgenas.
- According to the Minister, the Draft Bill urgently needs to be passed due to the prevailing lack of any legal mechanism capable of mitigating crimes through asset forfeiture. Once promulgated, the Draft Bill should prove to be a valuable regulatory framework and offers the government a way of making progress against the endemic corruption that continues to persist in the country. Crucially, the Draft Bill’s formal requirements have already been met through the existence of its academic script and of the Draft Bill itself.
- Addressing the Draft Bill, Boyamin Saiman, a coordinator for the Indonesian Anti-Corruption Society (Koordinator Masyarakat Anti Korupsi Indonesia/MAKI), stated recently that the drafting process for the Draft Bill was completed back in 2019 but that the Draft Bill was initially rejected by the DPR. Mr. Saiman also stated that the Draft Bill urgently needs to be promulgated in order to act as a counterweight to Law No. 22 of 2022 on Corrections, which currently offers various types of remissions to corruption convicts.
- The Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan – "PPATK") has also recommended the immediate processing and promulgation of the Draft Bill. According to the PPATK, the promulgation of the bill is seen as urgent for six major reasons that include, amongst others: 1) The mitigation rate for economic crime is relatively low in comparison with the rates for other types of crime; 2) Economic crimes are becoming increasingly sophisticated; 3) Asset recovery in the wake of economic crimes that result in state or socio-economic losses remains at a relatively low level; and so forth.
- For more on this story, see Hukumonline: “Pemerintah Dorong Kejelasan Nasib RUU Perampasan Aset”.
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