Government urged to have courage to fight corruptors

Government urged to have courage to fight corruptors

Bambang Nurbianto, The Jakarta Post, Jakarta

From the legal point of view, there is no reason for both the
government and the law enforcing institutions not to take
suspected corruptors to court, as they have been armed with a
very powerful anti-corruption law.

Legal experts and criminologists have claimed that, based on
Law No. 20/2001 on corruption, legal enforcers are able to
convict corruptors if they have the courage to use their
authority to combat corruption, collusion and nepotism (KKN).

"Under Law No. 20/2001 there is no reason for prosecutors and
courts not to comprehensively resolve all corruption cases,
whoever the suspects may be," said Romli Atmasastima, a legal
expert from Bandung-based Padjadjaran University on Thursday
evening.

Law No. 21/2001 is an amendment of Law No. 31/1999 on
corruption, whose rules reverse the burden of proof for officials
who are believed to have received bribes. Based on the provision,
if suspects are unable to reveal the sources of their wealth,
their wealth can be used as evidence against them.

"The law is designed to narrow the space of suspects (to play
with the law) and widen the space of prosecutors and courts to
charge and punish those guilty of corruption," said Romli, who is
also the director general for legal administrative affairs at the
Ministry of Justice and Human Rights, at a seminar on
implementing measures to combat corruption.

Noted lawyer Abdul Hakim Garuda Nusantara urged President
Megawati Soekarnoputri to clean up law enforcing institutions --
such as the police, prosecutors and the courts -- from KKN
practices as they are the most responsible bodies for the success
of the crusade against KKN.

Romli said the law would be even more powerful if the House of
Representatives approves a bill on the formation of an anti-
corruption commission, which will be authorized to investigate
and charge suspects.

Based on the law, the anti-corruption commission has the right
to take over the task of the police and prosecutors if they fail
to investigate KKN cases.

According to Romli, the inability of the government to resolve
major corruption cases is caused mainly by the absence of will on
the part of the law enforcing bodies, their lack of capability
and the fact that they are being bribed.

He said that law enforcing bodies, particularly the Attorney
General, have ignored public pressure to punish the "big fish"
corruptors. "It seems that they have closed their eyes and ears
to those who demand justice for the robbers of public money."

Hakim said the People's Consultative Assembly had also issued
a decree that could be used as clear guidance for the government
to resolve various corruption cases and to prevent KKN practices.

Hakim said that the Assembly decree could be used as a
barometer for the government of President Megawati Soekarnoputri
as to whether she succeeds or fails in fighting corruption.

Mulyana W. Kusumah, a criminologist from the University of
Indonesia (UI), underlined the need for public pressure to force
the government to implement its commitment to fight KKN.

He identified four mechanisms of public control, which include
institutionalized social control (like an anti-corruption
commission), organized pressure groups, NGOs, public opinion,
direct and open public control.

"Public pressure is still very important to push the
government to resolve various cases, because political
consideration still remains a dominant factor," Mulyana remarked.