Law on corruption allows crime to flourish: Experts<\/p>\n
JAKARTA (JP): Legal experts have renewed the call for an
\namendment to the Anti-Corruption Law, which is considered
\nobsolete and gives room for the crime to flourish.<\/p>\n
Frans Hendra Winarta, a member of the National Law Commission,
\nand Albert Hasibuan from the Movement of Concerned Citizens on
\nState Assets have suggested a shift of the burden of proof so
\nthat suspects would have to prove they were not guilty.<\/p>\n
The current Law No.31\/1999 on corruption requires prosecutors
\nto prove that a suspect is guilty.<\/p>\n
\"This point makes the Anti-Corruption Law powerless,\" Winarta
\ntold The Jakarta Post on Saturday.<\/p>\n
Hasibuan said that such a law should replace the principle of
\n\"the presumption of innocence\" in the investigation with the
\n\"presumption of guilt\".<\/p>\n
\"This current principle often hinders an investigation by
\nstate prosecutors since it is difficult to prove corruption,
\nwhile there are so many cases to be handled,\" he said in a
\nseparate interview.<\/p>\n
The call for such an amendment is not new. It has been
\nrepeatedly suggested over the years, but there has been no
\nresponse from either legislators or the government.<\/p>\n
Ferry Mursyidan Baldan from the House of Representatives
\nCommission II for legal affairs said later on Saturday that
\nlegislators were looking into what hampered investigations into
\ncorruption and the prosecution of suspects.<\/p>\n
He said that the legislators were concerned about the
\nstagnancy of the investigation of corruption cases, and trying to
\ndiscover the problems by holding hearings with institutions such
\nas the Attorney General's Office and the police.<\/p>\n
The problems is not only about the obsolete law, but also in
\nthe prosecutors, he said.<\/p>\n
\"We want to mend both the investigators and the law to prevent
\ncorruption in the future and to ensure the handling of past
\ncases,\" he said.<\/p>\n
The last hearing between the House and prosecutors was in
\nNovember 2000.<\/p>\n
Dozens of corruption cases are currently being handled at the
\nAttorney General's Office, including the case involving former
\npresident Soeharto who was charged with swindling some US$571
\nmillion in state funds amassed through his charities.<\/p>\n
The prosecutors took about 10 months since November 1999 to
\nprosecute Soeharto and to bring the case before a trial. But the
\nCentral Jakarta District Court dismissed the case in September
\n2000 due to Soeharto's ill health. The case is now being reviewed
\nby the Supreme Court.<\/p>\n
Hasibuan and Winarta also blamed the lack of political will on
\nthe part of the government and legislators to combat corruption,
\nwhich further worsens the Attorney General's Office performance
\nin carrying out its tasks.<\/p>\n
Hasibuan said that President Abdurrahman \"Gus Dur\" Wahid
\nshould affirm his commitment to eradicate corruption through a
\npolitical statement and work together with the people to equate
\nopinions and take measures to eliminate the corruption.<\/p>\n
\"But it's become more difficult since there are allegations
\nthat Gus Dur is also involved in several corruption cases ...
\nthat's why the government and the Attorney General's Office are
\nunable to do their best,\" he said.<\/p>\n
Winarta said neither the government nor legislators cared
\nabout the law-making process as they spent their energy
\nvying for power.<\/p>\n
\"This condition has worsened the situation and paved the way
\nfor corruption ... If we fail to make a change it could be a
\ncatastrophe for the country,\" he said. (bby)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/law-on-corruption-allows-crime-to-flourish-experts-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}