In Rem Lawsuit
Image Illustration/ Source: Canva

Basically, the term in rem can be found in the Bill on Confiscation of Assets Related to Criminal Acts of 2023, which is known as civil asset forfeiture (civil forfeiture) which is in rem.

Confiscation in rem is a state action in the form of taking over assets through a court decision in a civil case, and is based on stronger evidence that the assets are suspected of originating from a criminal act or being used for a criminal act.

Initially, these impoverishment efforts could be found in Article 10 letter b number 2 of the old Criminal Code, which mentioned that one type of criminal punishment regulated was the confiscation of certain goods. In this case, it is generally the goods belonging to the defendant or obtained from the proceeds of the defendant's crime.

Later, in Law 1/2023 concerning the new Criminal Code, these impoverishment efforts are regulated in several articles as follows:

Article 66 paragraph (1) letter b of Law 1/2023

The additional punishments as referred to in Article 64 letter b consist of:

  1. revocation of certain rights;
  2. confiscation of certain Goods and/or receivables;
  3. announcement of the judge's decision;
  4. payment of compensation;
  5. revocation of certain permits; and
  6. fulfillment of local customary obligations.