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Expediting the asset recovery bill critical for Indonesia’s progress
The asset recovery bill recognizes that asset recovery should not be limited to corruption cases alone, but also encompass a wider range of crimes that have a significant impact on the economy and financial stability.
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KPK investigators escort Andhi Pramono, the former head of the Makassar Customs and Excise Office, outside the antigraft body headquarters in Jakarta on July 7, 2023. Andhi is accused of accepting unlawful gifts and laundering illicit money. (Antara/Fianda Sjofjan Rassat)
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ndonesia has long grappled with the challenge of combating corruption and recovering stolen assets. However, the lack of a comprehensive legal framework has impeded the country’s efforts in this regard.
The recent initiative in the form of the asset recovery bill provides a significant opportunity for Indonesia to strengthen its asset recovery mechanisms and take a decisive step forward. It is imperative that the government and the House of Representatives expedite the deliberation and passage of the bill to address the pressing need for effective asset recovery and the fight against corruption in general.
One of the major obstacles to the progress of the bill which President Joko “Jokowi” Widodo submitted to the House on May 4 is the influence of political interests. The discussion and approval of the bill require support and cooperation from the politicians.
However, even though the President has urged the House to give the bill a top priority in the National Legislation Program, the current political year and upcoming elections have been deemed as the major impediments to the legislative agenda.
To ensure swift progress, it is crucial that the House demonstrates transparency and actively involves the public in the debate of the bill. Greater transparency will not only foster trust but also facilitate meaningful public participation, enabling citizens to hold their representatives accountable and contribute to the development of effective legislation.
The asset recovery bill addresses the complex challenge of recovering assets acquired through various crimes. While existing laws focus primarily on the proceeds of corruption, the new bill adopts a broader approach. It recognizes that asset recovery should not be limited to corruption cases alone, but also encompass a wider range of crimes that have a significant impact on the economy and financial stability.
Moreover, the asset recovery bill introduces the concept of non-conviction-based forfeiture, enabling asset recovery without a criminal case or court order. This provision is crucial in combating sophisticated criminal networks that exploit legal loopholes to shield their illicitly obtained assets. By removing this reliance on criminal convictions, the bill streamlines the asset recovery process, ensuring that criminals cannot evade through lengthy legal procedures.
