New interpretation of laws sought to fight corruption
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)