Tough action urged against diploma cheats
T. Taufiqurrahman, The Jakarta Post, Jakarta
Legislative candidates who have submitted fake diplomas in their application to register to contest the elections should have been charged under the Criminal Code and Education Law instead of the Election Law, a legal expert said.
Rudi Satrio of the University of Indonesia told The Jakarta Post on Monday that although fraudulent candidates should in the first instance be charged under the Election Law as the law regulating the poll, prosecutors could press multiple charges using the Criminal Code or Education Law to discourage the submission of fake school diplomas.
He argued that the Criminal Code and the Education Law carried heavier punishment compared to the Election Law.
"Regarding the widespread use of fake school diplomas by legislative candidates, it is high time that we handed down a more severe punishment. All possible regulations should be exhausted so that fraudulent politicians cannot get away with it so easily," Rudi said.
He went on to say that Law No. 12/2003 on general elections could be amended to administer a heavier punishment against offenders.
"This is to anticipate a situation where the prosecutors choose to use only the Election Law," he said.
Offenders currently are being charged under Article 137 of the Elections Law, which carries a maximum punishment of 18 months in prison and a Rp 6 million (US$705) fine.
Article 263 of the Criminal Code on counterfeit documents, however, carries a maximum sentence of six years imprisonment, while Article 55 of Law No. 2/1989 on National Education stipulates that a person using a fake university degree could receive a maximum penalty of 18 months in prison or a Rp 15 million fine.
An illustration of the lenient punishment handed down under the Election Law was evident on Friday when the Tangerang District Court fined Fonaha Mendrofa of the Indonesian Democratic Party of Struggle (PDI-P) Rp 4 million (US$470) for submitting a fake school diploma to meet the requirements to become a legislative candidate.
Elected in 1999, Mendrofa is still an active councillor. He did not have any problem in becoming a legislative candidate in the previous election.
Another legal expert Andi Hamzah said that the Election Law should not be the first law used in charging a candidate for the use of a fake school diploma.
"I think the lawmakers did not realize that there are other standing regulations on the issue when they drafted the Election Law," he told the Post.
He said the article on the use of fake school diplomas by legislative candidates could be repealed in order to charge fraudulent candidates under the Criminal Code or the Education Law.
The Jakarta Police are currently investigating a total of 23 cases on fake school diplomas submitted by legislative candidates. None of their dossiers have been completed.