Page 156 - BUKU STRENGTHENING THE INDONESIAN PARLIAMENTARY DIPLOMACY FADLI ZON

These measures are complex and require deep and comprehensive understanding of not only
legal procedures, international cooperation, difference jurisdiction but also the scheme of
money laundering (placement, layering, and integration).

Allow me to emphasize a phrase of “it takes two to tango” when we are dealing with money
laundering and asset recovery. The UK Transparency International indicates that their country’s
institutions and organizations have been used as repositories or intermediaries for stolen funds
from several countries, including Bangladesh, Kenya, Nigeria, Pakistan and Zambia. In a larger
context, assets stolen can be further materialize into foreign properties, share-ownership, or
laundered so that it can be legally acquired as legitimate ownership under prevailing laws in
overseas country or within the country itself. Therefore, if we are going to discuss about asset
recovery, we need to apply measures to counter money/assets laundering in all countries.
Distinguished delegates,

Parliament is the provider of legal framework at the highest level: legislation. Through this
instrument, we set the framework of asset recovery measures. Parliament ratifies efforts
to recover asset bilaterally through Mutual Legal Arrangement (MLA) or other multilateral
arrangements including international treaties/conventions as well as enacts laws that are
nationally equipped to support asset recovery measures.

The G20 Anti-Corruption Working Group has tabled Nine Key Asset Recovery Principles in its
asset recovery benchmarking principles.

Principle (type) Principle (#) Principle

Policy Development 1 Make asset recovery a policy priority; align resources
to support policy
Legislative 2 Strengthen preventive measures against the proceeds
Framework of corruption
3 Set up tools for rapid locating and freezing of assets
4 Establish a wide range asset recovery mechanism
including recognition of non-conviction based
proceedings and private law actions
5 Adopt law that encourage and facilitate international
cooperation
Institutional 6 Create specialized asset recovery team/kleptocracy unit
Framework 7 Participate actively in international cooperation
networks
8 Provide technical assistance to developing countries
9 Collect data on cases; share information on impact
and outcomes

Selected Speeches of the Vice Speaker of the House of Representatives of the Republic of Indonesia I 143