8 Facts in the Final Draft of the Asset Forfeiture Bill that You Need to Know!

JAKARTA, Jakartaweekly.com — In the widely circulated final draft of the Asset Forfeiture Bill, there are several key facts worth noting. These range from the bill not specifically limiting asset forfeiture to corruption offenses to the types of assets that can be forfeited by the state. 

To help you better understand what is contained in the draft, here are eight interesting facts about the proposed Asset Forfeiture Bill that you need to know!

It does not only targets corruption offenses

The draft Asset Forfeiture Bill is not specifically designed to target corruption offenders. Article 2 states that asset forfeiture applies to perpetrators of criminal offenses. The provision does not specifically refer to corruption, suggesting that it applies to criminal offenses more broadly.

This is reinforced by Article 6, which states that assets may be forfeited if they are linked to a criminal offense punishable by at least four years in prison. 

The bill also applies to cases in which criminal proceedings cannot be held, as explained in the elucidation of Article 7. For example, investigators may find logs from illegal logging, but the owner or perpetrator cannot be located. Another example is proceeds from online gambling whose owner cannot be identified. 

Criminal assets worth at least Rp100 million can be forfeited

Article 6 states that criminal assets eligible for forfeiture must be worth at least Rp100 million and be linked to a criminal offense punishable by at least four years in prison.

Assets transferred to family members can still be forfeited

Article 5 states that assets eligible for forfeiture include proceeds of crime or assets obtained directly or indirectly from a criminal offense.

This includes assets that have been gifted or transferred into the personal assets of another person or a corporation, whether in the form of capital, income or other economic gains derived from those assets. In this context, “another person” refers to a spouse, child or family member. 

Lawfully acquired assets owned by the offender can also be forfeited

Article 5 paragraph 1 point 4 also states that other lawful assets owned by a criminal offender can be used as substitute assets for those that have been declared subject to forfeiture by the state.

This may be done if, based on calculations conducted by the State Attorney, the assets already forfeited are insufficient to cover or do not correspond to the amount of losses.

Assets can be forfeited even if the offender dies or flees

If a suspect or defendant dies, flees, suffers a permanent illness or cannot be located, the state can still forfeit assets derived from criminal activity. This also applies if a defendant is acquitted or released from all charges; the state may still seize the assets in question.

Under these two circumstances, asset forfeiture can be carried out if the criminal case cannot be brought to trial, or if the defendant has been convicted by a court and it is subsequently discovered that there are additional criminal assets that had not previously been declared subject to forfeiture. 

The draft adopts an in rem approach

In other words, the draft Asset Forfeiture Bill focuses on the assets themselves. Article 2 states that asset forfeiture does not depend on whether the owner of the assets is ultimately convicted of a criminal offense.

Article 2 of the draft states that asset forfeiture is not based on the imposition of criminal punishment on the perpetrator of the offense.

Police, KPK and BNN can act as investigators

In the process of tracing assets that may be subject to forfeiture, authorized investigators include the Indonesian National Police, officials of the Corruption Eradication Commission (KPK), officials of the National Narcotics Agency (BNN), as well as Civil Servant Investigators (PPNS). This is stipulated in Article 8 of the draft bill.

Anyone who suffers losses can seek compensation

If the state makes a mistake in forfeiting assets and the person whose assets have been forfeited or blocked suffers losses, that person can file an objection, arguing that the assets were lawfully owned and are not criminal assets.

However, such an objection cannot be filed by a suspect or defendant who has fled or has been placed on a wanted-person list, a defendant tried in absentia, and/or their legal representative.