Plan to sign UN anticorruption pact applauded
Plan to sign UN anticorruption pact applauded
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
An observer has welcomed the government's plan to sign the United
Nations Convention against Corruption, saying that only with a
strong commitment to implementing the pact will it possible to
significantly improve the country's sluggish drive against
widespread corruption.
Frans Hendra Winarta, a member of the National Law Commission
(KHN), said on Thursday that the adoption of the convention would
support the country's campaign to reduce corruption.
"This convention does not provide for an international
tribunal for corruptors. However, it offers an opportunity to
limit the room for corruptors to flee justice and to ensure that
the money they stole can be returned to their home countries," he
said.
The new convention, which covers corruption in both the
private and public sectors, highlights the requirement of members
states to return assets obtained through corruption to the
country from which they were stolen.
Frans said this provision was important as corrupt officials
would in the future find fewer ways to hide their illicit gains.
"The country of origin of a corruptor may ask the country
where the corruptor launders his money to recover its funds. At
the same time, it may also ask the other country to extradite the
corruptor back home," he said.
The request must be backed up by sufficient, such as documents
on the prosecution of the corruptor from the court and
investigation reports from the police or prosecutors.
The convention also obliges member states to periodically
evaluate their legal instruments and administrative requirements
to ensure their effectiveness in preventing corruption.
A member state must also have an independent body to prevent
corruption and guarantee that this body and the public are given
access to information.
According to the convention, a member state must criminalize the
most prevalent forms of corruption -- such as giving, offering or
receiving bribes -- in both the public and private sectors.
"In fact, Indonesia has adequate regulations and laws against
corruption as required by the convention. What we need is
commitment and hard work in implementing these," Frans said.
Indonesia is expected to sign the convention next month in
Mexico and ratify it next year. The convention will come into
effect 90 days after 30 member states have signed it.
Corruption is all-pervasive in Indonesia, despite the reform
movement that followed the downfall of president Soeharto in
1997. One of the targets of this movement was corruption.
However, the reform movement was in the end hijacked by the
same corrupt politicians it was originally targeted at.
Consequently, no significant results have been achieved to
date. Recently, the World Economic Forum (WEF) ranked Indonesia
at 60 (out of a total 102 countries surveyed) in terms of
business competitiveness.
According to the forum, rampant corruption and an ineffective
bureaucracy are the two most important factors behind the
country's low business competitiveness rating.