New ruling seen as crucial to curb corruption cases<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
The government's plan to lay down a comprehensive anticorruption
\nruling is vital given the poor performance of law enforcers in
\ncurbing widespread corruption in the country, according to a law
\nexpert.<\/p>\n
Rudy Satrio, a criminal law expert from the University of
\nIndonesia's School of Law, said the planned government regulation
\nin lieu of the Anticorruption Law would mean heavier punishments
\nfor corruptors, as well as the recovery of state losses, and
\nwould overcome the weaknesses of existing anticorruption rulings.<\/p>\n
\"The (new) regulation scraps several articles in the existing
\nlaws, particularly the Criminal Law Procedures Code (KUHAP) that
\nhave often been manipulated to benefit corruption suspects,\" he
\ntold The Jakarta Post over the weekend.<\/p>\n
He cited as an example that law enforcers or lawyers often
\nused an article in the code to free suspects from detention
\nduring the investigation process.<\/p>\n
The code stipulates that authorities can only detain a suspect
\nif he or she is deemed uncooperative, likely to flee the country
\nor to destroy evidence.<\/p>\n
Suspects who are thought not to exhibit these tendencies are
\nnot detained. Thus, many high-profile corruptors have escaped
\njustice despite their court convictions.<\/p>\n
Consisting of 22 articles, some of which move against the
\ncode's stipulations, the draft of the new antigraft regulation, a
\ncopy of which was obtained by The Jakarta Post on Friday, says
\nthat authorities can detain graft suspects from the start of the
\nprobe, as well as immediately seize their personal assets.<\/p>\n
The draft also allows investigators to question or detain
\ncivil servants, state officials or legislators without the
\npermission of their superiors, an existing condition that has
\nbeen deemed a hurdle to the swift investigation of corruption
\ncases.<\/p>\n
Rudy dismissed concerns that the new ruling could encourage
\nrights violations. During the Soeharto era, the treason law was
\noften misused to imprison opponents of the regime without trial.<\/p>\n
\"The condition is different now. If the antigraft court
\nconvicts defendants, they are able to launch a motion against
\ntheir detention.<\/p>\n
\"This forces investigators and prosecutors to work harder to
\nobtain evidence,\" he said.<\/p>\n
Rudy also said the draft stipulates a strict time frame for
\ninvestigators, prosecutors and courts to handle high-profile
\ncorruption cases.<\/p>\n
\"It would guarantee the rights of suspects so that law
\nenforcers cannot detain them arbitrarily,\" he said.<\/p>\n
The drafting of the new antigraft ruling is part of the
\ngovernment's program to eradicate corruption in the country.<\/p>\n
President Susilo Bambang Yudhoyono is scheduled to meet House
\nof Representatives leaders to discuss the draft on Tuesday
\n(delayed from the initial schedule on Monday).<\/p>\n
Key points of draft of new antigraft ruling:<\/p>\n
* Those found guilty of corruption could face a minimum penalty
\nof five years' imprisonment and a maximum penalty of the death
\nsentence. They would be required to pay compensation to the
\nstate equivalent to the amount of money they stole or a minimum
\nfine of Rp 1 billion.<\/p>\n
* Those who sell, buy, accept, rent or convert the assets of
\ncorruption suspects could risk a maximum penalty of five years'
\nimprisonment or minimum of one year, as well as a minimum fine
\nof Rp 50 million, maximum fine of Rp 300 million.<\/p>\n
* Gratuities given to civil servants or state officials are
\nconsidered bribes in the absence of certain conditions. If the
\ngratuity is worth Rp 10 million or more, its recipient must prove
\nthat it is not a bribe. If the gratuity is worth less than Rp 10
\nmillion, prosecutors must prove that it is a bribe.<\/p>\n
* Civil servants or state officials who are found guilty of
\naccepting a bribe could face a minimum penalty of four years'
\nimprisonment and a maximum penalty of life imprisonment, as well
\nas fines of between Rp 200 million and Rp 1 billion.<\/p>\n
* Investigators may raid, confiscate and tap the phones of
\ncorruption suspects without applying for a permit from the
\ndistrict court head in advance. They are required, however, to
\ninform the district court head at least three days after the
\nraid, confiscation or bugging.<\/p>\n
* The personal assets of suspected corruptors are frozen
\nimmediately after their detention or arrest by investigators.<\/p>\n
* Witnesses have the right to protection. Witnesses are permitted
\nto testify over the phone.<\/p>",
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