Abstract
Absence of umbrella regulation on asset recovery is not the only challenge for effective enforcement of asset recovery and mutual legal assistance in Indonesia. Contradictory legislations, poor interagency coordination, weak capacity of law enforcement personnel and absence of center of excellence on asset recovery and mutual legal assistance are other contributing elements. Similarly, Indonesia’s commitment to fulfill the targets of Sustainable Development Goals (SDGs), especially goal 16.4, has not been met with concrete efforts. The government is hesitant to commit itself on national indicator for SDG 16.4. on asset recovery. This was shown during the two years of Kemitraan’s program to strengthen asset recovery and mutual legal assistance (SIGAP).This paper seeks to provide descriptive analysis on the results of SIGAP by posing a question on how does a development program on asset recovery in Indonesia supported by international donor contribute to overcome Indonesia’s legal and institutional challenges on asset recovery amidst Indonesia’s global commitment to SDGs. As evidenced, SIGAP exemplifies collaborative actions between various actors, state and none-state actors and national and international agencies, to increase the effectiveness of asset recovery and mutual legal assistance and policy reform needed for long term sustainability strategy in Indonesia. On SDGs, SIGAP’s decision to propose the adoption of existing national indicator on Long Term National Plan on Anti-Corruption is a deliberate and calculated decision to push for stronger commitment of Indonesian government in achieving the SDGs. The strategy indicated that by 2025, 96% of asset from corruption crimes is recovered.
Highlights
Every year $1 trillion is paid in bribes while an estimated $2.6 trillion are stolen annually through corruption – a sum equivalent to more than 5 per cent of the global Gross Domestic Product (GDP).1 Much of the proceeds of corruption find safeAhmad Qisa'i havens2 in the world’s financial centres,3 has a devastating impact on societies as it undermines democracy and the rule of law, and seriously erodes the quality of life.4 Because most of these assets cannot be recovered by victim countries for the simple reason that assets resulting from corruption cannot be found
SIGAP was implemented between June 2018 until December 2018. It is in this context that this paper seeks to explore and answer a question on how does a development program on asset recovery in Indonesia supported by international donor like SIGAP contribute to overcoming Indonesia’s legal and institutional challenges on asset recovery amidst Indonesia’s global commitment to Sustainable Development Goals (SDGs)? The paper seeks to explore the results of a development program instead of just studying the problems and challenges of the Indonesian legal system and legal structure in relation to asset recovery and its contribu
Achieving the SDGs is a daunting endeavour for all countries
Summary
Every year $1 trillion is paid in bribes while an estimated $2.6 trillion are stolen annually through corruption – a sum equivalent to more than 5 per cent of the global GDP. Much of the proceeds of corruption find safe. Even though a Long Term National Strategy on the Prevention and Eradication of Corruption has been formulated back in 2012 that aims to recover 96% of stolen assets from corruption cases handled by Indonesian law enforcement agencies by 2025, but Indonesian authorities still face huge challenges in asset recovery processes, both domestic and international They need to overcome the challenge on capacity to launch and conduct legal proceedings in domestic and foreign courts, and to be able to provide the authorities in another jurisdiction with evidence or intelligence for investigation..
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