Law Expert Optimistic Asset Confiscation Draft Bill Can be Passed in 2026

  • 17 Jul 2026 14:30 WIB
  •  Voice of Indonesia

RRI.CO.ID, Jakarta - The Indonesian House of Representatives (DPR RI) has reaffirmed that deliberations on the Indonesian House of Representativesare continuing. The House has opened the widest possible opportunity for public input to improve the substance of the legislation, which is targeted for completion in 2026.

Deputy Speaker of the House, Saan Mustopa, made the statement at the Parliamentary Complex in Senayan, Jakarta, on Tuesday, July 14, 2026. "The Asset Confiscation Draft Bill is currently being discussed by Commission III of the DPR RI. It has also been included in the 2026 National Legislative Program Priority List," he conveyed.

Saan also affirmed that the House remains committed to supporting anti-corruption efforts by strengthening the necessary legal instruments. Therefore, discussions on the bill are being conducted carefully with the involvement of various stakeholders. "As many public inputs as possible is essential. With comprehensive contributions from the public, we hope the Asset Confiscation Bill will become an even stronger and more refined piece of legislation," he said.

He also stated that the House aims to complete deliberations on the draft bill this year. "This is one of our priorities for 2026, and because it is a priority, we will make every effort to finalize it this year," he added.

The DPR's commitment to strengthening legal instruments for combating corruption received a positive response from Professor at Sultan Agung Islamic University (Unissula) in Semarang, Prof. Dr. Henry Indraguna,S.H.,M.H.

He expressed optimism that the draft legislation will be enacted into law in 2026. His confidence, as an Expert Advisor to the DPR RI, is based on several factors. He pointed to the strong political commitment from the government, combined with the strategic decision by Commission III of the DPR RI to designate the bill as a parliamentary initiative rather than a government proposal. "The momentum created by President Prabowo Subianto's Asta Cita agenda is very real. By making this as the House’s initiative, the legislative process has accelerated significantly. We are optimistic that the regulation will be officially enacted into law in 2026," Henry said to media in Jakarta on Thursday night, July 16, 2026.

The Doctor of Law from Sebelas Maret State University (UNS) Surakarta noted that, from an international perspective, Indonesia has lagged behind in implementing this legal mechanism. "Countries such as the United States, the United Kingdom, Australia, and even our close neighbour the Philippines have long implemented non-conviction-based asset forfeiture systems," he conveyed.

According to him, the results in those countries have been highly significant. In the United States, for example, billions of dollars in proceeds from organized crime and money laundering are recovered and returned to the state each year.

He acknowledged that such legislation does not automatically eliminate corruption overnight. However, countries that consistently enforce asset confiscation laws have generally experienced improvements in their Corruption Perceptions Index and a significant reduction in the operational capacity of white-collar criminals.

“Statistically, in countries that consistently implement these measures, Corruption Perceptions Indices improve, and the room for maneuver available to white-collar criminals shrinks drastically. Once their financial lifeline is cut off, their ability to bribe law enforcement officials or finance new criminal activities is severely weakened. Potential corruptors think twice because they realize that becoming wealthy through corruption is no longer an easy possibility," Henry said.

Prof. Henry who also serves as Deputy Chairman of the Board of Trustees of the Indonesian Advocates Congress (KAI), explained that investigative authority under the proposed law would not be monopolized by a single institution. Investigators from the Corruption Eradication Commission (KPK), the Indonesian National Police (Polri), and the Attorney General's Office would all have equal authority to utilize the law in tracing and confiscating suspicious assets.

"The Corruption Eradication Commission, the Police, and the Prosecutors will all be able to apply this law according to their respective jurisdictions over the predicate crime they are handling. This is important to ensure coordination rather than overlapping authority," he said.

Despite his optimism regarding the bill's potential impact, Prof. Henry cautioned that the draft legislation is not without weaknesses. "The greatest weakness of this bill lies in its potential implications for human rights, particularly due process of law and the protection of good-faith third parties. For example, what if the assets of family members or business partners are confiscated even though they do not know that those assets are purchased using illegal funds? The reverse burden of proof contained in the draft must be formulated with great precision so that it cannot be used as a political weapon against opponents or become a tool for abuse of power," he stressed.

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