CIREBON RAYA | JAKARTA — After more than a decade of delay, Commission III discussed the Criminal Asset Confiscation Bill again with the House of Representatives' Expertise Body on Wednesday (January 14, 2026), along with the Civil Procedure Code Bill. The draft bill is now open to the public, giving the public the opportunity to monitor the legislative process.
This bill is designed to prosecute perpetrators of financial crimes while recovering state losses. Consisting of eight chapters and 62 articles, the bill regulates the types of assets that can be confiscated, management institutions, and international cooperation.
The House of Representatives' Expertise Body is currently finalizing the academic draft, which covers 16 key provisions, from the principles of confiscation to profit-sharing mechanisms with other countries. With the bill's inclusion in the 2025–2026 Priority National Legislation Program (Prolegnas), the public is waiting: will this time the bill truly be passed and effectively prosecute financially motivated crimes?
Dr. H. Sutrisno, SH., MHum., Deputy Chairman of the Indonesian Association of Indonesian Professional Associations (PERADI), on February 5, 2026, assessed that this bill is crucial, but its implementation must be careful. The state is obliged to prove that the seized assets are truly the proceeds of crime, to prevent abuse of authority and to maintain respect for the presumption of innocence.
"Asset confiscation cannot be arbitrary. It must be clear that the assets are the proceeds of crime, to prevent abuse of power," Sutrisno emphasized.
The bill adopts a Non-Conviction-Based Asset Forfeiture mechanism, which confiscates assets without waiting for a criminal verdict. The focus is on the assets (in rem), not solely the perpetrators, to provide a deterrent effect against corruption, drug cartels, illegal mining, and other practices detrimental to the state.
Some provisions remain controversial, such as the confiscation of assets during criminal proceedings. However, the bill still provides an opportunity for asset owners to prove the legal origins of their assets (reverse burden of proof).
Sutrisno emphasized that the main challenge is not only legal norms, but the integrity of law enforcement officers. Strict oversight and an independent institution involving the police, prosecutors, advocates, academics, and community leaders are absolutely necessary. The institution managing confiscated assets must also be professional, transparent, and subject to public scrutiny.
"The management of confiscated assets must be open and accountable. We must not allow the assets' value to be lost during the management process," said Sutrisno.
He hopes the House of Representatives (DPR) and the government will quickly pass this bill. "Only with firm laws and strict oversight can the primary goal of protecting state finances and preventing crimes for personal gain be truly achieved," he concluded. (*)
