We will develop common principles governing the payment of compensation to the countries affected, to ensure that such payments are made safely, fairly and in a transparent manner, under the framework of UNCAC.
Themes: Asset recovery
Last updated: December 2020
Concrete: Other | New: Other | Ambitious: Other
Evaluation of Prevention Action and Corruption Eradication related to Asset Recovery.
Conference of the States Parties to the United Nations Convention against Corruption
NATIONAL STRATEGY OF CORRUPTION PREVENTION 2018
Indonesia’s Commitment Report to UNCAC and G20 (April 20, 2020)
Law No. 1/2006 MLA on Criminal Matters
Law No. 5/2020 MLA Indonesia with Swiss Confederation
There are no specific laws or common principles that regulate the state's recovery mechanism to determine ownership of assets/property or to be compensated for the losses incurred through domestic proceedings as mandated in UNCAC article 53 (b). Any compensation request shall be initiated by the victim and only through MLAs. For example, Law number 5 of 2020 concerning MLA between Indonesia and the Swiss Confederation, which was just ratified in July 2020, mandates that "the Requesting State must, based on the Requested State, reimburse costs and expenses arising from implementing the request" (article 31). Also, under Article 55 of the Mutual Legal Assistance Law, the costs incurred in implementing a request for assistance will be borne by the requesting country.
There is not enough information on how the compensation payment process will be conducted safely, fairly, and transparently. The general principle of civil liability (Article 1365, Civil Code) requires the defendant, who incurs losses to pay compensation. The procedure for filing a lawsuit is contained in Article 118 amendments to the Civil Code. Besides, Article 98 of the Criminal Procedure Code allows for a civil suit to be combined into the criminal procedure process. Domestic proceedings to carry out confiscation must be initiated to enforce the enactment of seizure orders issued by foreign parties (Articles 51–52 of the Mutual Legal Assistance Law). Apart from that, there are no laws and regulations with the Non-Conviction Based (NCB) approach. Consequently, the orders issued by foreign parties for search and confiscation also cannot be applied directly, because they must first be submitted to the court to be executed (Article 41 of the Mutual Legal Assistance Law).
Updated: October 31, 2020
There was a change in the national strategy in 2018. The previous Presidential Decree 55/2010 on National Strategy for Prevention and Eradication of Corruption was changed to the Presidential Decree 54/2018 on the National Strategy on Corruption Prevention. This new strategy has three focuses area: (1) Permission and Trade; (2) State Budget; (3) Bureaucracy Reform and Law Enforcement. Asset Recovery and its matters are also included in this new strategy. In addition, in 2020, the KPK formulated General Policy that contains Asset Recovery as a priority on their strategy. It is, however, also worth noting that, In the 2nd review of Indonesia’s compliance with the UNCAC to be found in the evidence section, it says that “Indonesian legislation does not specify recovery mechanisms for States to establish title or ownership of property, or be awarded compensation or damages for injuries, through domestic proceedings.” (page 11/12) and that any compensation request shall be initiated by the victim and only through MLAs. "
Peer reviewer: 1
Updated: April 30, 2020
No change since 2017. Strategy 2012-2025 on page 6.