New ruling seen as crucial to curb corruption cases
New ruling seen as crucial to curb corruption cases
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.