Graft an 'extraordinary crime'
Graft an 'extraordinary crime'
Muninggar Sri Saraswati, The Jakarta Post/Jakarta
The draft of a new anticorruption ruling considers corruption an
extraordinary crime if it causes a minimum of Rp 50 billion
(US$5.5 million) in state losses, an official said on Friday.
Under the regulation, those suspected of involvement in such
an extraordinary crime could be detained for investigation.
Abdulgani Abdullah, director general of legislation with the
Ministry of Justice and Human Rights, said the government
regulation in lieu of law would likely be effective for graft
cases involving a minimum of Rp 50 billion.
"We are considering it. But, the figure (Rp 50 billion) is
subject to change, pending discussions with the National Police,
the Attorney General's Office and the KPK," he said, referring to
the Corruption Eradication Commission.
However, Abdulgani said the regulation would not adopt the
retroactive principle, so it would only be applied for corruption
cases that took place after its enactment.
If it comes into effect, a number of bankers involved in the
misuse of the Bank Indonesia Liquidity Support Fund (BLBI) in
1997 would likely escape charges under the new antigraft ruling.
Some Rp 144.5 trillion of state money -- which had been
disbursed by the Soeharto government to a number of private banks
to prevent a massive rush amid the monetary crisis -- was
embezzled by bankers.
Some suspects were convicted of stealing between Rp 158
billion to Rp 2.6 trillion in the BLBI scandal. Among them were
Samadikun Hartono of Bank Modern, Leonard Tanubrata of Bank BUN
and the late Hendra Rahardja of Bank BHS.
The convictions were, however, deemed shameful, as most of the
defendants received lenient sentences while the rest escaped
justice. Worse still, the courts failed to recover the stolen
money.
The government regulation in lieu of law would be enacted in a
bid to accelerate the national campaign directly led by President
Susilo Bambang Yudhoyono to eradicate endemic corruption.
The draft regulation also allows for the detention of big-time
corruption suspects for investigation by prosecutors and police.
Prevailing laws do not stipulate that convicts be detained
until after the Supreme Court hands down binding decisions
upholding their convictions by lower courts.
Such a stipulation has been blamed for the escape of many
convicted corruptors.
The new government regulation is also set to rule on the shift
of burden of proof, witness protection and freedom of
information, which enables public access to several state
documents, such as those on finance.
Meanwhile, Chief Justice Bagir Manan promised to prioritize
the review of high-profile corruption cases in a bid to provide
legal certainty for both the state and defendants.
"The spirit of the law is good. But we will ensure that
defendants' rights not be abused too much. Therefore, we will
deliver verdicts on time to provide legal certainty for both the
state and defendants," he said.