JAKARTA Legal and Development Observer Hardjuno Wiwoho emphasized that the ratification of the Asset Confiscation Bill into a Law (UU) is not just a step to overcome the inequality between state losses due to corruption and restitution received by the state. However, the ratification of the Asset Confiscation Bill is an important instrument and a tangible manifestation of the government's commitment to comprehensive and sustainable eradication of corruption.
Therefore, the ratification of the Asset Confiscation Bill must continue to be pursued as soon as possible in order to realize a comprehensive eradication of corruption.
"I think the urgency of ratifying the Asset Confiscation Bill is currently very crucial, in line with President Prabowo Subianto's commitment to eradicating corruption effectively and efficiently. Moreover, recently, corruption has become more and more rampant in Indonesia," Hardjuno said in a press statement in Jakarta, Friday, May 2.
Hardjuno's statement was in response to President Prabowo's warning of International Labor Day (May Day) at Monas, Jakarta, which fully supports the acceleration of the discussion of the Asset Confiscation Bill. The President assessed that this regulation is important to eradicate corruption and restore state assets.
"In order to also eradicate corruption, I support the Asset Confiscation Act. I support it," said Prabowo.
Even President Prabowo firmly stated that the Asset Confiscation Law was needed to restore state assets taken by corruptors.
"It's just that I've helped, I don't want to return the assets, I'll just pull them out," he said.
The doctoral candidate for Law and Development at Airlangga University (Unair) views President Prabowo's statement at this moment as a real test of the seriousness of the government and the DPR in fighting corruption.
What President Prabowo said is a strong signal. Now it's just a matter of commitment from his assistants in the cabinet and the majority of the DPR, which in fact is the President's coalition parties, to make this a priority agenda," he said.
The Asset Confiscation Bill has been drafted since the era of President Susilo Bambang Yudhoyono (SBY) and has even been included in the National Legislation Program (Prolegnas) since 2012, when the Ministry of Law and Human Rights included it as a priority proposal by the government. Since then, this draft has continued to be a "legislation gap" that has not been passed.
This draft has existed since the era of Mahfud MD served as Coordinating Minister for Political, Legal and Security Affairs in the era of Pak Jokowi. But before, he has repeatedly entered Prolegnas, even since 2012. This means that we have failed to realize legal instruments to return stolen state assets. If now it is still stagnant, the question is: who is really afraid? "said Hardjuno.
According to Hardjuno, this bill is very important as a 'lex specialist' to close legal loopholes in returning assets resulting from crime, including corruption, without having to wait for a criminal verdict.
He emphasized that the reverse proof mechanism in this bill does not violate the presumption of innocence, because it only applies to assets that cannot be proven as valid origins.
"The state has lost trillions of rupiah in assets resulting from corruption which cannot be touched because there is no legal umbrella. We are lagging behind other countries such as Britain, Switzerland, or even neighboring countries that already have a regime of confiscation of non-convictive assets," said Hardjuno.
Based on Hardjuno's records, the Asset Confiscation Bill was last submitted by the government to the DPR through Presidential Letter Number R-22/Pres/05/2023 in May 2023. However, until now it has not been included in the 2025 Priority Prolegnas.
The Minister of Law and Human Rights, Supratman Andi Agtas, said the discussion was 'regarding political affairs'. Hardjuno emphasized that President Prabowo's statement today should be a signal of breaking the political deadlock.
If President Jokowi has submitted, and Prabowo supports it openly, then now it's just an execution. If it persists, then the people have the right to suspect: who is really afraid that this bill will be passed?
This long history shows that resistance to corruption is not enough just by speech. It takes political courage to end the cycle of omission. And this moment with President Prabowo who has expressed his attitude is the last chance to prove that commitment, "concluded Hardjuno.
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