JP/4/PERPU

JP/4/PERPU

New ruling seen as crucial to curb corruption

Muninggar Sri Saraswati The Jakarta Post/Jakarta

The government's plan to lay down a comprehensive anticorruption ruling is vital given the poor performance of law enforcers in curbing widespread corruption in the country, according to a law expert.

Rudy Satrio, a criminal law expert from the University of Indonesia's School of Law, said the planned government regulation in lieu of the Anticorruption Law would mean heavier punishments for corruptors, as well as the recovery of state losses, and would overcome the weaknesses of existing anticorruption rulings.

"The (new) regulation scraps several articles in the existing laws, particularly the Criminal Law Procedures Code (KUHAP) that have often been manipulated to benefit corruption suspects," he told The Jakarta Post over the weekend.

He cited as an example that law enforcers or lawyers often used an article in the code to free suspects from detention during the investigation process.

The code stipulates that authorities can only detain a suspect if he or she is deemed uncooperative, likely to flee the country or to destroy evidence.

Suspects who are thought not to exhibit these tendencies are not detained. Thus, many high-profile corruptors have escaped justice despite their court convictions.

Consisting of 22 articles, some of which move against the code's stipulations, the draft of the new antigraft regulation, a copy of which was obtained by The Jakarta Post on Friday, says that authorities can detain graft suspects from the start of the probe, as well as immediately seize their personal assets.

The draft also allows investigators to question or detain civil servants, state officials or legislators without the permission of their superiors, an existing condition that has been deemed a hurdle to the swift investigation of corruption cases.

Rudy dismissed concerns that the new ruling could encourage rights violations. During the Soeharto era, the treason law was often misused to imprison opponents of the regime without trial.

"The condition is different now. If the antigraft court convicts defendants, they are able to launch a motion against their detention.

"This forces investigators and prosecutors to work harder to obtain evidence," he said.

Rudy also said the draft stipulates a strict time frame for investigators, prosecutors and courts to handle high-profile corruption cases.

"It would guarantee the rights of suspects so that law enforcers cannot detain them arbitrarily," he said.

The drafting of the new antigraft ruling is part of the government's program to eradicate corruption in the country.

President Susilo Bambang Yudhoyono is scheduled to meet House of Representatives leaders to discuss the draft on Tuesday (delayed from the initial schedule on Monday).

Key points of draft of new antigraft ruling

* Those found guilty of corruption could face a minimum penalty of five years' imprisonment and a maximum penalty of the death sentence. They would be required to pay compensation to the state equivalent to the amount of money they stole or a minimum fine of Rp 1 billion.

* Those who sell, buy, accept, rent or convert the assets of corruption suspects could risk a maximum penalty of five years' imprisonment or minimum of one year, as well as a minimum fine of Rp 50 million, maximum fine of Rp 300 million.

* Gratuities given to civil servants or state officials are considered bribes in the absence of certain conditions. If the gratuity is worth Rp 10 million or more, its recipient must prove that it is not a bribe. If the gratuity is worth less than Rp 10 million, prosecutors must prove that it is a bribe.

* Civil servants or state officials who are found guilty of accepting a bribe could face a minimum penalty of four years' imprisonment and a maximum penalty of life imprisonment, as well as fines of between Rp 200 million and Rp 1 billion. * Investigators may raid, confiscate and tap the phones of corruption suspects without applying for a permit from the district court head in advance. They are required, however, to inform the district court head at least three days after the raid, confiscation or bugging.

* The personal assets of suspected corruptors are frozen immediately after their detention or arrest by investigators.

* Witnesses have the right to protection. Witnesses are permitted to testify over the phone.