The discussion on the Asset Forfeiture Bill (RUU Perampasan Aset) has once again entered the public spotlight after being stalled for nearly a decade in the National Legislation Program (Prolegnas). Legal practitioner and observer, Dr. Ari Yusuf Amir, emphasized that this regulation is not merely a tool to combat financial crime, but has systemic impacts on law enforcement, the protection of citizens' constitutional rights, and the stability of the investment climate in Indonesia.
Ari highlighted a crucial point in the draft bill, namely the mechanism of asset forfeiture without a prior final and binding criminal conviction, known as non-conviction based asset forfeiture (NCB). Although this method is considered effective in accelerating the recovery of state losses in certain cases, its implementation without strict supervision carries a major risk to legal certainty.
According to Ari, excessively broad state authority without guarantees of due process of law could threaten private property rights and violate the presumption of innocence. Furthermore, this regulation is feared to trigger uncertainty for the business world, especially in the application of the Business Judgment Rule legal doctrine and the principle of Limited Liability that protects corporate business decisions.
The risk of abuse of authority by law enforcement officers is the greatest concern in the implementation of the NCB mechanism. In Indonesia's legal landscape, where credibility and professionalism still face challenges, this instrument is prone to being abused to pressure business actors, bureaucrats, and even political opponents through asset seizure before criminal guilt is legally proven in court.
Ari added that law enforcement officers often determine suspect status based solely on the formal fulfillment of two pieces of evidence without substantively testing the quality of that evidence. Therefore, he urged that the Asset Forfeiture Bill be formulated with precision in order to clearly distinguish between business decisions or administrative policies that carry normal business risks, and actions that are purely criminal offenses.
