Officials not allowed to accept gifts worth over Rp 10 million

JAKARTA (JP): In the latest draft law on shifting the burden of proof in corruption cases, state officials will not be allowed to receive gifts valued at more than Rp 10 million (US$833).

Former minister of justice Muladi said during a seminar here on Friday that if state officials received gifts valued at more than Rp 10 million, they would have to file a report with an anticorruption commission to be established in August.

"In Article 12 of the draft, which will be integrated with the 1999 Anticorruption Law, state officials must report and hand over the gift to the commission no later than 15 days after receiving it. The commission will then turn over the gift to the state.

"If the official wants to keep the gift, he or she will have to pay the full value of the gift. Otherwise he or she would be accused of taking a bribe," Muladi said, adding that the Rp 10 million cutoff was still being debated.

The country has been engaged in a campaign against corruption, including announcing the personal wealth of state officials, who are viewed as prone to corruption, collusion and nepotism.

State officials must take an oath before assuming their posts, pledging not to receive any gifts in their official roles. However, there is no independent body to ensure this oath is followed.

Muladi also said that according to the draft law, state officials involved in corruption cases would be subject to the principle of presumption of guilt.

"The draft will stipulate that state officials have the right to plea for a reversal of the burden of proof, but they will also have the obligation to reveal all wealth related with the corruption case in which they are implicated," he said.

He also said that Article 26 of the draft law allowed all recordings to be used as evidence in a court of law.

"Any record, a visual recording or taped sounds made with electronic devices can be used as evidence when other evidence is insufficient," Muladi said. He added that the antigraft commission would be authorized to tape conversations.

The Criminal Code does not recognize recording as legal evidence.

Muladi said corruption was an extraordinary crime so it had to be attacked with an extraordinary instrument.

"The independent anticorruption commission is a superbody which can take over corruption cases handled by the police and prosecutors, and can even supervise these two institutions." (bby)