ASSET RECOVERY AND INTERNATIONAL COOPERATION IN INDONESIA ASSET RECOVERY AND INTERNATIONAL COOPERATION IN INDONESIA THE 6 TH ANNUAL CONFERENCE OF IAACA KUALA LUMPUR MALAYSIA 4-7 OCTOBER 2012 APSARI DEWI HEAD OF SUB DIVISION INTERNATIONAL COOPERATION ATTORNEY GENERAL OFFICE OF THE REPUBLIC OF INDONESIA

NATIONAL STRATEGY OF CORRUPTION PREVENTION AND ERADICATION Short term: 2012 – 2014 Short term: 2012 – 2014 Long term: Long term: Provide a guideline for ministries, government, local government, and state institution to prepare anti corruption action plan and performance indicator corruption prevention and eradication effort.

6 National Strategies of Corruption Prevention and Eradication: 1.Prevention 2.Law Enforcement 3.Harmonization of Legislations 4.International Cooperations and Asset Recovery 5.Anti Corruption Education and Culture 6.Reporting Mechanism

Implementation of Strategies on Asset Recovery that has become national issues are as follows: 1.Taking effort to prevent transfer of assets from proceeds of crime. The objective is to have clear coordination based on the mechanism agreements that have been approved between the law enforcement agencies. 1.Taking effort on returning the assets, the objective is to increase the number of assets recovery from corruption cases. 2.Training and technical assistance, the objective is to improve the understanding of the law enforcement and related institutions on the mechanism of assets recovery of corruption cases.

Implementation of the National Strategy in the Attorney General Office Establishment of Asset Recovery Task Force of The Attorney General Office. Asset return to the country Rp ,00. June 2012: Rp ,00 Target 2012: Rp ,00

REQUEST TO CONFISCATE ASSET TO INDONESIA MULTILATERAL TREATY MULTILATERAL TREATY BILATERAL TREATY BILATERAL TREATY PRINCIPLE OF RECIPROCITY PRINCIPLE OF RECIPROCITY

REQUIREMENTS FOR FORFEITURES OF ASSETS IN INDONESIA THROUGH MLA: FORMAL REQUEST SHOULD CONTAIN: The purpose of such request and a description of requested assistance; The title of the agency and official, conducting the investigation, prosecution or examination before the court related to the said request; Description of the crime, phase of case handling, statutory provisions, the description of articles and sanctions that imposed; Description of the offence that being alleged. Court judgment that already final and binding.

Receiving the request, assessment of the requirements then identification of the asset. Prosecutors of Attorney General’s Office obtain seizure warrant of assets to the local district court then conducting the seizures of assets and announce the seizure assets in the national newspaper. In the event that there is no claim or objection of the seizure of asset, the Court will issued order for forfeited. STEPS OF FORFEITURES OF ASSETS’ REQUEST:

INDONESIAN EXPERIENCES RECOVERING ASSET FROM OVERSEAS CHALLENGES: Lack of coordination between the law enforcements / competent authorities in both of the requested stated and requesting state. Different legal system, the absence of framework legislation, definition of dual criminality and technical obstacles. Investigation to show the nexus between the crime and the asset located overseas. Lack of human resources skill for example to draft a clear and effective mutual legal assistance request. Some countries cannot provide cooperation without any specific treaty. Others using dual criminality, different qualification and criminal element as the ground of refusing the MLA request, despite that the world has agreed that corruption is a transnational crime.

LESSON LEARNT IMPORTANCE OF INTERNATIONAL COOPERATION IMPORTANCE OF INTERNATIONAL COOPERATION Successful of mutual legal assistance requests are highly depend on the preparation stages and its strategies.

INFORMAL NETWORK STAR INTERPOL STAR INTERPOL EGMONT GROUP EGMONT GROUP CAMDEN ASSET RECOVERY INTER AGNECY NETWORK CAMDEN ASSET RECOVERY INTER AGNECY NETWORK ARINSA ( ARINSA (Asset Recovery Inter Agency Network of Southern Africa ) RRAG

ASIA / SOUTH EAST ASIA ?

DIRECT COOPERATION BETWEEN THE PROSECUTORS INTERNATIONAL ASSOCIATION OF PROSECUTORS

QUESTION? APSARI DEWI THE HEAD OF SUB DIVISION OF INTERNATIONAL COOPERATION THE ATTORNEY GENERAL OFFICE OF THE REPUBLIC OF INDONESIA / Phone: Mobile phone: