Anticorruption law ineffective: Minister Lopa<\/p>\n
JAKARTA (JP): Minister of Justice and Human Rights Baharuddin
\nLopa proposed yesterday a bill for reversing the burden of proof
\nto revise the 1999 Anticorruption Law that has been found
\nineffective in fighting rampant corruption among civil servants
\nand state officials.<\/p>\n
"The eradication of corruption must be conducted with great
\nthoroughness, including shifting the burden of proof to the
\naccused. Defendants must be assumed to be guilty unless they are
\nable to give evidence of their innocence," he said at the House
\nof Representatives' plenary session here on Monday.<\/p>\n
Lopa said the rampant practice of corruption committed
\nsystematically by civil servants and state officials, which has
\nbrought great losses to the state, is a serious violation of the
\npeople's social and economic rights.<\/p>\n
He said that the investigative system stipulated by the 1999
\nlaw has been found ineffective to combat the practice of
\ncorruption because law enforcers, especially prosecutors,
\nencounter difficulties in presenting evidence.<\/p>\n
"Why? Because the accused, use sophisticated techniques to
\nhide their wealth gained through corrupt practices. Therefore,
\nthe existing investigative system must be replaced by a reversal
\nof the burden of proof. Under this system, all civil servants,
\nstate-owned company employees and state officials whose wealth is
\nnot in balance with their monthly income, are obliged to prove
\nthat they are not involved in corruption," he said.<\/p>\n
He said the bill also inserted two types of data that could be
\ntaken as valid evidence in the reversed investigative system.<\/p>\n
The first group is any information or data gained through
\nelectronic equipment, except telegrams, telexes, facsimiles and
\ne-mails. The second group is all documents in the form of
\nmanuscripts, pictures, sounds, maps, photos, letters, signals,
\nfigures, or other significant data, he said.<\/p>\n
He added that shifting the burden of proof would provide a
\nstrong legal basis for law enforcers, especially prosecutors and
\njudges, to uphold the supremacy of law.<\/p>\n
Lopa said while the bill is being deliberated, the 1999 law
\nhas been suspended, and the 1971 Anticorruption Law will take
\neffect again to avoid a legal vacuum.<\/p>\n
Meanwhile, several legislators of the Indonesian Democratic
\nParty of Struggle (PDI Perjuangan) expressed their pessimism
\nabout the eradication of corruption due to the continued
\npolitical crisis.<\/p>\n
Pataniari Siahaan said deliberation of the bill would take at
\nleast six months, and this would give time for corruptors to
\navoid prosecution.<\/p>\n
"Supporters of the former corrupt New Order regime will have
\nan adequate time within the next six months to hide their
\ncorrupted wealth to avoid prosecution. They are expected to make
\nevery effort to strongly fight to prolong the bill's deliberation
\nas long as possible," he said.<\/p>\n
Aberson Marle Sihaloho criticized the government for having no
\nstrong commitment toward prosecuting corruptors.<\/p>\n
"If the government had a strong political will to eradicate
\ncorruption, it would have issued a regulation in lieu of the
\nreversed investigative system so that big-time corruptors could
\nbe brought to court," he said.<\/p>\n
Lopa had earlier stated that the government would issue a
\nregulation in lieu of the law, but several legislators, including
\nthose from the Golkar faction, strongly criticized the idea. They
\nsaid that shifting the burden of proof should be regulated by law
\nso that the system would have a strong legal basis. (rms)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/anticorruption-law-ineffective-minister-lopa-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}