Crypto Asset Seizure: A New Challenge for Law Enforcement

The development of digital technology is changing the way society manages assets, including crypto assets, which presents new challenges in criminal law enforcement. Law enforcement agencies need to keep up with these developments to ensure that the tracing and recovery of assets derived from crime remain effective. The Dean of the Faculty of Law at Jayabaya University, Kristiawanto, emphasizes the importance of the Asset Seizure Bill to regulate the mechanism for seizing digital assets. This bill shifts the focus of law enforcement from detaining perpetrators to recovering state losses, while still considering Human Rights (HR). Kristiawanto appreciates the strategic steps taken by Commission III of the House of Representatives in discussing this bill, emphasizing the importance of focusing on asset recovery. The United Nations Convention Against Corruption (UNCAC) mandates asset seizure mechanisms without a criminal conviction, which has become a subject of debate in the House. The bill must guarantee the protection of human rights, especially the right to private property, in accordance with Article 28H paragraph (4) of the 1945 Constitution. The state's takeover of assets must be regulated by law and through a fair judicial process. Article 28D paragraph (1) emphasizes legal certainty and equal treatment before the law. The bill needs to regulate protections for good faith third parties and transparent procedures so that asset seizures do not violate human rights.

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