- The government is currently preparing the Draft Bill on the Confiscation of Assets Related to Crimes ("Draft Bill"), which represents an effort to guarantee that the mechanism for the confiscation of assets will be able to further ensure that justice is served during law enforcement processes.
- At its core, the Draft Bill sets out a mechanism for the confiscation of the following types of assets: 1) Assets that are either directly or indirectly acquired through criminal activity and which have been donated or converted into private assets in various forms; 2) Assets which were utilized in order to commit criminal activity; 3) Other legitimate assets in the possession of criminals as a replacement for assets which have been confiscated; and 4) Found assets that are known to have been or that have allegedly been acquired through criminal activity.
- It should be noted that assets that are acquired through criminal activity and that may be confiscated encompass: 1) Assets of a minimum value of Rp. 100 million; and 2) Assets that relate to criminal activity for which the term of imprisonment is four years or above.
- Assets may be confiscated under the following conditions: 1) The relevant perpetrator has passed away, has escaped, is permanently ill or is in an unknown location; 2) The perpetrator is declared to have been exempted from all criminal charges; 3) The assets is in question relate to a criminal activity which cannot be tried; or 4) The perpetrator has been declared guilty of a crime, however, assets remain which have not yet been confiscated.
- A comprehensive analysis of the Draft Bill will feature in a forthcoming Hukumonline publication.
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