Legal experts warn govt over new antigraft law
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
Legal experts urged the government to scrap an existing ruling, which requires law enforcers to obtain approval from the President in probing state officials in graft cases, arguing that the regulation has only hampered the investigation process.
"Everyone is equal in the eyes of the law, so why do we need such approval? Besides, approval letters from the President takes quite some time that could only hamper the investigation," said Romli Atmasasmita of the forum of anticorruption observers following a meeting with President Susilo Bambang Yudhoyono on Wednesday.
The meeting focussed on the government's plan to issue a government regulation in lieu of the Anticorruption Law.
The forum also warned the government that the planned new regulation should not serve as a new draconian regulation that infringes upon civil rights.
They reminded that measures to curb corrupt practices should respect civil rights and legal procedures.
"We support the action to issue a government regulation in lieu of the law to strengthen anticorruption measures, but there are several issues in the planned regulation that needs to be reviewed," Romli said after the meeting.
He pointed out that a proposed measure to allow law enforcers to detain a high-profile corruption suspect from the start of the investigation process until the final legal verdict is issued by the Supreme Court could be inviolation of one's civil rights.
"The practice to detain people is no different from the one we once had under the Subversion Law," he said, referring to the era of the previous Soeharto regime where people could be detained for alleged subversion activities without prior court trial.
The Ministry of Justice and Human Rights is currently drafting the anti-graft regulation in a bid to help curb rampant corruption in the country. The ministry plans to discuss the draft with related offices and independent experts before implementing it.
President Susilo Bambang Yudhoyono has pledged to fight corruption, which has become increasingly unbearable to the economy.
The move to draft a new anti-graft regulation is made as the existing laws are deemed weak in the fight against corruptors. Proponents said corruption crime has now become an extraordinary crime, which requires extraordinary moves to curb the problem.
Meanwhile, another member of the forum, Muladi, said the government must have strong reasons for the issuance of government regulation in lieu of law such as an emergency situation.
"There should be a clear definition of the emergency state ... It should not violate human rights and we hoped that we could take part in the discussion in drafting the regulation," said Muladi, who is also a former minister of justice.
State Secretary Yusril Ihza Mahendra defended the move to draft the new anti-graft law, citing the already rampant level of corruption in the country.
"We need strict actions to deal with such rampant practices, these require immediate and extreme measures, which are not accommodated under the existing laws," Yusril said after the meeting.