Officials not allowed to accept gifts worth over Rp 10 million
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)