Indonesian Lawyer Proposes Renaming Asset Seizure Bill, Cites Ethical and Practical Concerns

Senior lawyer Juniver Girsang has proposed changing the nomenclature of Indonesia's proposed Asset Seizure Bill to either the "Criminal Asset Recovery Law" or the "Criminal Asset Restoration Law." Speaking at a public hearing for the bill in the House of Representatives' Commission III on Monday, Girsang argued that the proposed titles align better with the United Nations Convention Against Corruption (UNCAC) concerning asset recovery.

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The nomenclature we propose is the Criminal Asset Restoration Law or the Criminal Asset Recovery Law.

Girsang acknowledged that the term "asset seizure" is more familiar to the public. However, he believes the current terminology is ethically unsound, suggesting it implies guilt before a conviction. "The title itself, before anything else, people are already judged as having committed an act; before anything else, it is said to be seized, meaning they have already committed a crime," he stated.

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So the title itself, before anything else, people are already judged as having committed an act; before anything else, it is said to be seized, meaning they have already committed a crime.

Furthermore, Girsang expressed concern that the bill could become a "tool of power" used to suppress political opponents. He believes this is a widespread concern among various parties regarding the proposed legislation. "Don't let this become a new 'tool of power' to eliminate political opponents; in reality, our hearts' desires are the same," he remarked.

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Don't let this become a new 'tool of power' to eliminate political opponents; in reality, our hearts' desires are the same.

Adding to his concerns, Girsang pointed out that, to his knowledge, no country has yet successfully implemented an asset seizure law. He urged for further study on which nations have ratified such laws, suggesting Indonesia should learn from their experiences. "Perhaps it needs further study, which countries have succeeded in ratifying asset seizure; we are just learning from them, but as far as I know, no country has succeeded after this was enacted," he said. He reiterated that the bill, as it stands, is "very biased."

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Perhaps it needs further study, which countries have succeeded in ratifying asset seizure; we are just learning from them, but as far as I know, no country has succeeded after this was enacted.