Jakarta (ANTARA) - Junior Attorney General for Special Crimes\n(Jampidsus) Febrie Adriyansah has revealed a paradigm shift in law\nenforcement for corruption cases, moving from a focus solely on\nrecovering state finances to calculating the overall recovery of the\nstate\u2019s economic losses.<\/p>\n
\u2018The Duta Palma case serves as an example of applying the approach\ntowards follow the impact, by proving not only the loss of state money,\nbut also the economic, environmental, and natural resource damage, as\nwell as the social burden borne by society,\u2019 Febrie stated during a\npress conference in Jakarta on Wednesday.<\/p>\n
He noted that this shift in prosecution paradigm has also been\nreinforced at the court decision level. He cited a court ruling, upheld\nby the high court, which strengthens the resolve of the Attorney\nGeneral\u2019s Office to also account for the impact resulting from\ncorruption.<\/p>\n
In that high court decision, he explained, the defendant Muhammad\nKerry Adrianto Riza was ordered, in addition to returning state\nfinancial losses of Rp2.9 trillion, to also pay for proven state\neconomic losses amounting to Rp10.5 trillion.<\/p>\n
However, Febrie explained that when state financial or economic\nlosses have already occurred, the state has effectively been defeated\ntwice. The first defeat is the failure to prevent corruption, which\nresults in significant consequences and a failure to build good\ngovernance. \u2018The second defeat is the challenge of locating, securing,\nsaving, and returning the proceeds of crime to the state,\u2019 he\nclarified.<\/p>\n
On the other hand, Febrie disclosed that in many cases, assets\nderived from criminal acts are no longer in their original form, but\nhave been disguised, transferred, placed under other parties\u2019 names, or\neven taken abroad. Uncovering these, he said, requires more\ncomprehensive legal approaches through money laundering instruments,\nasset tracing, asset recovery, and cross-jurisdictional cooperation.<\/p>\n
\u2018One of the fundamental challenges in this recovery is the limitation\nof the substitute money instrument,\u2019 he explained. As regulated in\nArticle 18 paragraph (1) letter b of the Corruption Eradication Law, the\npayment of substitute money is, in principle, limited to a maximum\namount equal to the assets obtained from the criminal act of\ncorruption.<\/p>\n
With such a construction, he said, asset recovery has not yet fully\ncovered the entire impact of the losses incurred, especially when the\nstate or economic losses far exceed the profits directly obtained by the\nperpetrator.<\/p>\n
Nevertheless, his office has recommended governance measures in asset\nrecovery, including pushing for improved governance in all cases handled\nby the Attorney General\u2019s Office that have obtained legally binding\ndecisions. The office is also encouraging the formulation of trade\ngovernance guidelines, such as the tin trade governance that has been\ncompleted by the Special Crimes Division.<\/p>\n
\u2018Thirdly, we have also provided suggestions and recommendations\nregarding the identification of irregularities that occurred in the\naircraft procurement at PT Garuda. Furthermore, we are pushing for\nimprovements in palm oil industry governance,\u2019 he detailed. Lastly, he\nsaid, the handling of cases has impacted the improvement of business\nprocesses for crude oil and refinery product procurement at PT\nPertamina.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/jampidsus-reveals-paradigm-shift-in-corruption-law-enforcement-1782305662", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }