Yusril: Redefining Corruption Will Not Undermine Anti-Graft Efforts
Jakarta (ANTARA) – Plans to refine the definition of corruption offences will not undermine anti-graft efforts, Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra has stressed.
“Certainly not. It is a refinement, after all. That means it will be stricter, clearer and more definitive. It will make things better,” Yusril told ANTARA at a press conference in Jakarta on Tuesday, following a meeting with National Economic Council Chairman Luhut Binsar Pandjaitan.
He said the redefinition was intended to create legal certainty, facilitate corruption eradication and protect the country’s image. The aim, he said, was to establish categories of corruption offences that could not be interpreted in multiple ways.
“No one should be left in doubt or worry that doing this or that could be called corruption. Once it is explained what constitutes corruption and what does not, everything will be clear,” the coordinating minister said.
Yusril also emphasised that eradicating corruption was one of President Prabowo Subianto’s main programmes in upholding the law.
The provision in question focuses on corruption offences involving the unlawful enrichment of oneself, another person or a corporation, resulting in losses to the state’s finances or economy.
Yusril said the provision remained too broad and could lead to multiple interpretations in its application. He likened the relevant provisions to “catch-all articles” that could cover almost any aspect.
Criminal law, he explained, must adhere to the principle of lex stricta, under which a legal norm must be capable of strict interpretation. Rules that are too broad cannot guarantee legal certainty.
As for the form of any new rules, the constitutional law professor proposed setting out categories of corruption offences. He believes this would make law enforcement easier.
“If that approach is agreed, it will be very clear which acts are categorised as corruption. Outside those categories, an act would not be corruption. That does not mean it cannot be prosecuted: it could be pursued under another category of offence, whether an ordinary criminal offence or another special offence,” Yusril said.