Wed, 24 Oct 2001

Strong anticorruption law approved by legislators

Efforts to eliminate widespread corruption entered a significant phase on Tuesday after the House of Representatives approved an anticorruption bill, which is expected to strongly arm legal authorities.

The new law that was approved at the House plenary session was an amendment of Anticorruption Law No. 31 issued in 1999.

Teras Narang, chairman of the commission responsible for deliberating the anticorruption bill, said that key articles of the new law included clear provisions on reversing the burden of proof, bribery, transitional rulings and punishment.

Narang said the new anticorruption law improved Law No.31/1999, which could not be used to investigate corruption cases committed by former officials before the law came into force.

"The new law clearly states that corruption committed in the past can be investigated based on Law No. 3/1973, but with maximum verdicts based on provisions of Law No. 31/1999," Narang said.

Under the new anticorruption law, those found guilty of bribing judges, for example, were liable to between three and 15 years in prison or a fine of between Rp 150 million (US$15,000) and Rp 750 million. The punishment can also be applied to judges proven guilty of receiving bribes.

Another example is Article 12, under which civil servants and other state employees are liable to life imprisonment and a Rp 1 billion fine if proven guilty of receiving gifts in connection to the abuse of power.

Article 38-B on reversing the burden of proof stresses those suspected of involvement in a corruption case must be able to prove that their wealth was not obtained through corruption. If they cannot prove it, the judges could order that their wealth be seized for the state.

Indonesian Corruption Watch (ICW) chairman Teten Masduki said that progress had been made with the new law, but stressed that its effectiveness needed proving in its implementation.

Teten said that one of its weaknesses was that reversing the burden of proof was only applicable at the court level and not at the investigation level.

Indonesian Democratic Party of Struggle spokesman Muhammad Yunus Lamuda expressed hope that the new law would put a stop to multi-interpretations of anticorruption regulations.

"Multi-interpretations of the content of regulations have freed a number of corruptors or those who masterminded acts of corruption. It is a serious hurdle for law enforcement," Yunus said at the House plenary session. --JP