Urgensi Percepatan Pengesahan RUU Perampasan Aset dalam Pemberantasan Korupsi: Efektivitas Pemulihan Aset dan Perlindungan HAM

Asset recovery in corruption cases in Indonesia remains suboptimal due to fragmented regulations and overreliance on conviction-based forfeiture mechanisms. This research aims to analyze the urgency of accelerating the enactment of the Asset Forfeiture Bill (RUU Perampasan Aset), evaluate the provisions of Article 5 paragraph (2) from legal certainty and human rights perspectives, and formulate an ideal legal framework that balances effective asset recovery with the protection of property rights and the prevention of abuse of authority. This study employs a normative legal research methodology utilizing statutory, conceptual, and comparative approaches to analyze primary and secondary legal materials. The findings reveal that enacting the Asset Forfeiture Bill is urgent to adopt Non-Conviction Based Asset Forfeiture (NCBAF) and a follow-the-money approach within the national legal framework. Furthermore, Article 5 paragraph (2) contains open norms regarding illicit enrichment that risk violating legal certainty and the presumption of innocence if not equipped with clear quantitative parameters and procedural safeguards. The ideal formulation requires maintaining NCBAF as a complementary in rem mechanism, establishing a standard of initial prima facie evidence by state authorities, implementing balanced burden-shifting, ensuring judicial control, and guaranteeing robust protection for bona fide third parties and lawful family assets.