Implementation Challenges and Hopes for the Future
Although conceptually accountable, its implementation will face serious challenges. First, the potential for abuse of authority must be anticipated with safeguards (protection mechanism) is strong. Second, the capacity of law enforcement officials is still weak, especially in terms of financial forensics (financial forensic), cross-border fund flow tracking, and international cooperation. If these capabilities are not strengthened, the effectiveness of the Bill will only be limited to legal texts. Third, political resistance from vested interests cannot be ignored. The fact that this Bill has repeatedly been included in the National Legislation Program since 2008 but has always failed to be passed shows how strong the interests are that want to maintain the status quo. The statements of President Prabowo and the DPR to immediately discuss this Bill do provide a breath of fresh air. However, from a legal perspective, what is more crucial is to ensure that the discussion is transparent, accountable, and not just a political commodity. The participation of civil society, academics, and independent institutions is absolutely necessary to ensure that the substance of the Bill truly answers legal needs. This Bill actually touches on the essence of substantive justice. The law must not stop at punishing perpetrators, but must ensure that the proceeds of crime are returned for the benefit of the people. If the assets from crime are allowed to circulate in the hands of the perpetrators or their circles, the public will continue to feel that the law is only sharp downwards and blunt upwards. In other words, the ratification of this Bill is not just a matter of legislative technique, but a moral and political test for the nation. Now, the ball is in the hands of the government and the DPR. If President Prabowo is consistent with his statement and the DPR is really serious, this is the momentum to prove that the commitment to eradicating corruption does not stop at slogans. The Asset Forfeiture Bill must be immediately passed with a guarantee that its implementation prioritizes fair, transparent and accountable legal principles. Only in that way can the law be trusted again as an instrument of justice, not just mere rhetoric.
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