Page 154 - BUKU STRENGTHENING THE INDONESIAN PARLIAMENTARY DIPLOMACY FADLI ZON

Prosecuting Corruption and

Recovering Stolen Asset

Thank you for this wonderful opportunity. Before I begin, allow me to elaborate the serious
problem of the theft of public assets. The Stolen Asset Recovery Initiative (StAR) in one of its
report mentioned that the cross-border flow of the global proceeds from criminal activities,
corruption and tax evasion is estimated at between $ 1 trillion and $ 1.6 trillion per year. Corrupt
money associated with bribes received by public officials from developing and transition
countries is estimated at $ 20 billion to $ 40 billion per year—a figure equivalent to 20 to 40
percent of flows of Official Development Assistance (ODA). These figures have showcased how
enormous the damage of the proceed of corruption can be done to the development.

The UN Convention against Corruption (UNCAC) recognizes asset recovery as the fundamental
principle of the convention. Chapter V of the convention provides this framework for the return
of stolen assets, requiring states parties to take measures to restrain, seize, confiscate, and
return the proceeds of corruption. In doing so, various mechanism may apply, such as: direct
enforcement of freezing or confiscation orders made by the court of another state party (Art
54.1.a & 54.2.a), non-conviction based asset confiscation, particularly in cases of death, flight or
absence of the offender or in other cases (Art 54.1.c), civil actions initiated by another state party,
allowing that party to recover the proceeds as plaintiff (Art 53), confiscation of property of a
foreign origin by adjudication of an offense of money laundering or other offenses (Art 54.1.b
& 54.2.b), court orders of compensation or damages to another state party and recognition by
courts of another state party’s claim as a legitimate owner of assets acquired through corruption
(Art 53.b and c), spontaneous disclosure of information to another state party without prior
request (Art 56) and international cooperation and asset return (Art 55 & 57).

Selected Speeches of the Vice Speaker of the House of Representatives of the Republic of Indonesia I 141