New ruling pledges retribution in kind for corruptors<\/p>\n
Kurniawan Hari, The Jakarta Post\/Jakarta<\/p>\n
High profile corruption suspects will surely have difficult times
\nahead as a new anti-graft ruling currently being drafted by the
\ngovernment will not only allow authorities to detain them from
\nthe start of probe, but also will allow the state to immediately
\nconfiscate their personal assets.<\/p>\n
According to the draft of a government regulation in lieu of
\nthe Anticorruption Law, a copy of which was obtained by The
\nJakarta Post on Friday, the amount of wealth that can be
\nconfiscated by the state is equal to the size of financial losses
\nsuffered by the state.<\/p>\n
Furthermore, a graft suspect will not be allowed to transfer
\nhis or her personal wealth to relatives immediately after he or
\nshe is suspected of a crime. The graft suspect or those linked to
\nthe corruption case could also be banned from traveling abroad.<\/p>\n
For investigation purposes, investigators may seek information
\non the wealth condition of the suspects from banks or other
\nfinancial institutions.<\/p>\n
The government has been drafting the regulation as part of
\nefforts to fight the rampant corruption in the country.<\/p>\n
As previously reported, the ruling would only apply to high
\nprofile corruption case involving state losses of at least Rp 50
\nbillion (US$5.3 million). Corruption suspects will be
\nimmediately detained by the authorities at the start of the
\ninvestigation until a final verdict has been issued by the
\nSupreme Court to prevent them from fleeing the country -- a
\nregular occurrence with many suspected corrupters.<\/p>\n
The government considers corruption an extraordinary crime,
\nrequiring extraordinary measures.<\/p>\n
President Susilo Bambang Yudhoyono, who promised a serious
\nfight against corruption during the presidential campaign, is
\nexpected to meet with the House of Representatives leaders on
\nMonday to discuss the draft.<\/p>\n
According to Article 3 of the draft, anyone accused of
\ncorruption valued at Rp 50 billion or more, would face a maximum
\npenalty of the death sentence and a minimum sentence of five
\nyears in jail.<\/p>\n
The corruptor may also be fined, the amount equal to the
\namount of state loss or at least Rp 1 billion.<\/p>\n
According to the regulation, any government official or
\ninstitution that receives Rp 10 million or more from other people
\nmust prove that the money is not a bribe. If the gift is less
\nthan Rp 10 million, it will be the duty of the state prosecutor
\nto prove that it is a bribe.<\/p>\n
Investigations into alleged graft cases could be launched by a
\nteam of investigators and state prosecutors under coordination by
\nthe Corruption Eradication Commission (KPK).<\/p>\n
For investigation purposes, the team can launch a raid,
\nconfiscate property and tap phone conversations without a permit
\nfrom a district court.<\/p>\n
Within three days after any of the above actions,
\ninvestigators must inform the head of the district court.<\/p>\n
The detention of graft suspects can be made directly, without
\na permit from his\/her superior.<\/p>\n
Under the draft government regulation, the investigation, the
\nprosecution and the trial of graft cases must have be finished
\nwithin 90 days.<\/p>\n
The investigation must be finished no later than 40 days, the
\nprosecution must be made within 20 days, and the trial process
\nmust be no more than 30 days.<\/p>\n
An appeal to the Supreme Court must be made no later than five
\ndays after the verdict is handed down. The Supreme Court will
\nissue the final verdict no later than 30 days after that.<\/p>",
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