The Draft Law on Asset Forfeiture is a legal effort to strengthen the eradication of
corruption crimes in Indonesia. Article 2 of the Draft Law on Asset Forfeiture, which
adopts an in rem mechanism, raises legal issues concerning the restitution of a defendant’s
rights if the court acquits the defendant and can prove ownership of the assets. This
research aims to examine the underlying considerations behind the emergence of Article 2
of the Draft Law on Asset Forfeiture, so that asset forfeiture is not based solely on the
imposition of criminal penalties on perpetrators of corruption crimes, and to analyze the
restitution of a convict's rights if acquitted and able to provide sufficient evidence of asset
ownership. The research method used is normative juridical with a descriptive-analytical
approach, based on primary and secondary legal materials. The approaches employed by
the author include the Statute Approach, Conceptual Approach, and Comparative
Research. The results show that the fundamental consideration behind the emergence of
Article 2 of the Draft Law on Asset Forfeiture is not to target individuals, but rather the
assets themselves. Furthermore, Article 59 of the Draft Law stipulates that the restitution
to third parties and other parties who suffer losses as a result of asset forfeiture must be
carried out through a court decision.