With Indonesia currently holding the chair of the G20, hopes are pinned high on this state being able to bring a host of positive changes for its members and also for the world.
One of the several good outcomes expected since March 4, 2022, is the launch of the Anti-Corruption Working Group (ACWG) G20 by the Corruption Eradication Commission as a means to optimize corruption eradication efforts.
Almost everyone, including the government, law enforcement officers, civil society groups, and the general public, view the G20 forum as offering the right momentum to push various efforts in corruption eradication.
According to Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD, corruption is every nation's worst enemy. Hence, a solution should be supported by global commitments through various forms of cooperation.
G20 plays a crucial role in cementing commitment to eradicating corruption among its member countries, which in turn is expected to pave the way for other countries to join in the efforts, as corruption was a crime against humanity that robbed people of their rights.
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In general, the state of corruption eradication among G20 member countries could not be considered as good. Former Deputy Chairman of the Corruption Eradication Commission for the 2015-2019 period, Laode Muhammad Syarif, remarked that most G20 members were still viewed as countries with a rampant rate of corruption.
Syarif noted that only one member of the G20 -- Germany -- occupies a position among the top 10 countries in the world, with the best corruption perception index, as measured by Transparency International. The country is ranked tenth, with a corruption perception index value capped at 80.
According to Syarif, this condition shows that G20 member countries had yet to make extensive improvements in terms of the efforts to eradicate corruption.
Chairman of the Anti-Corruption Group Civil 20, Dadang Trisasongko, seconded the notion. According to Trisasongko, G20 countries must remain committed to improving their performance in addressing the issue.
To help free G20 members and also other countries in the world from the clutches of corruption, he suggested that the ACWG C20 forum promote the notion of asset confiscation.
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Seizing corruptors' assets
He emphasized that the issue of asset confiscation -- which is an act by the state to forcibly take a corruptor's wealth -- is one of the priorities in his group to be discussed at the G20 forum, especially through discussions at the G20 ACWG.
He opined that efforts to eradicate corruption without confiscation of assets had yet to have a proper deterrent effect on perpetrators.
Regarding asset confiscation, Syarif affirmed that Indonesia and G20 member countries still faced various challenges in employing these measures.
In reality, asset confiscation often comes across as a sad and sorry attempt to eradicate corruption, given how often it fails, he affirmed. Syarif noted that the law, which regulated it, had yet to be completed, thereby making it difficult for law enforcement officials to confiscate these assets.
According to Syarif, on a cross-border scale when corruptors store their assets in other countries, several obstacles are still often encountered in seizing assets despite several collaborations having emerged from cross-border organizations.
He revealed that the legal basis for asset confiscation, either at the national or international scope, which was still less, oftentimes conflicted with the issue of extradition. In addition, he assessed that the law on bank secrecy made it difficult for law enforcement officers to seize the assets of corruptors.
Seconding his view, the Anti-Corruption Advisor at the United Nations Office on Drugs and Crime, Francesco Checci, noted that cross-border seizure of assets faced technical obstacles.
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According to Checci, legal requirements for cross-border asset seizure were still complicated, constrained by different languages, and took a long time to implement.
Checci remarked that in several cross-border asset seizure attempts, it took about six to eight months for a country to transfer documents and identify suspects.
Imposing asset confiscation method
To overcome these challenges, G20 members need to develop a new legal framework together. It should contain methods to seize assets belonging to corruptors.
In addition, he appealed to all asset confiscation stakeholders to improve and strengthen cooperation.
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Furthermore, Checci proposed to G20 countries to strengthen cross-border asset seizure legislation both through formal and informal collaboration.
Checci disclosed that the United Nations Office on Drugs and Crime will establish a network among investigators to communicate informally before they take the asset confiscation act.
Generally, it can be concluded that an anti-corruption view aligns with G20's theme, "Recover Stronger and Recover Together."
According to Syarif, the G20, which is currently led by Indonesia, should demonstrate real leadership to encourage asset seizure as one of the methods in eradicating corruption. This effort must be initiated by G20 member countries before it could eventually be adopted worldwide.
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Editor: Fardah Assegaf
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