New interpretation of laws sought to fight corruption

JAKARTA (JP): A new interpretation of the existing anticorruption laws is needed to replace the current rigid reading that often acts as a stumbling block to efforts to eradicate corruption, a legal expert said on Monday.

The chief of the Joint Investigative Team to Eradicate Corruption, Adi Andojo Sutjipto, said culprits often took advantage of the rigid interpretation that makes these laws powerless to punish criminals.

"Corruption is a malicious action against society and cannot be countered with the existing laws, which often are used by the corruptors and their lawyers to hamper the investigation, the prosecution and even the trial.

"Such extraordinary crimes require extraordinary countermeasures ... and it takes less time to just reinterpret the laws than to wait for new laws to replace them," the former Supreme Court justice told The Jakarta Post.

Adi Andojo said the joint team proposed to the government and the House of Representatives that the state declare an "emergency period to battle corruption", but had yet to receive a response.

"However, we have received a good response from society in support of the suggestion," he said.

A legal sociologist from the University of Diponegoro in Semarang, Satjipto Rahardjo, supported the idea of an emergency period, which he said would serve as an effective breakthrough in the face of a lack of powerful regulations dealing with corruption.

"There are indications that corruption is an organized crime so there should be such a measure to ensure the success of the government's campaign to eradicate corruption," he told the Post.

Many believe that society contributes to the situation, with people allowing corruption to take place because they do not consider it a crime.

Albert Hasibuan, the chairman of the Movement of Concerned Citizens for State Assets, said society was permissive and tolerated corruption.

Satjipto and Adi Andojo admitted corruption was rooted in society, making efforts to eradicate the practice more difficult.

Adi Andojo said rich officials often earned more respect from the people than honest officials, and that most people did not object to bribery if it helped them save time and energy to obtain a public service.

Satjipto argued that although corruption was widespread in society it could not be said to be part of the culture, saying corruption was nurtured and could be countered.

"Many people pay heed to the efforts to eradicate corruption, including the efforts of the Indonesian Corruption Watch and Judicial Watch Indonesia, which are very helpful in uncovering corruption cases.

"But we also need to establish a basic social norm that condemns corruption and that we can teach children starting an early age."

Adi Andojo said the government should take measures to shame corruptors without violating their human rights.

"The prosecutors are entitled to make public the names of corruptors when they have obtained sufficient evidence or to detain them. These measures can be viewed as social sanctions that the culprits and their families must bear."

He claimed the joint team has made some progress in its efforts to apprehend corruptors, and is now investigating six "big" cases which it expects to be brought to trial before August, when the team will be disbanded.

The joint team will be replaced by a government-sanctioned commission as regulated in Anti-Corruption Law No. 31/1999. (bby)