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Government defends much-decried antigraft law amendments

Source
Jakarta Globe - March 29, 2011

Ina Parlina, Jakarta – The government defended on Monday its planned revisions to the 2001 Anticorruption Law, which critics have said would only weaken the fight against corruption.

Law and Human Rights Minister Patrialis Akbar said the draft amendments to the 2001 law would deter people from committing corruption. "It's too early to accuse the bill of trying to undermine anticorruption efforts," the minister said, adding that those critical of the bill might not have read it thoroughly.

Graft watchdogs have criticized the amendments for reducing the legal penalties for corruption and allowing graft convicts to avoid prison.

One amendment stipulates a minimum sentence of one years' imprisonment for those convicted of graft, a reduction from the current variable minimum sentence of one to four years' imprisonment. Another says those convicted of embezzling less than Rp 25 million (US$28,000) in state funds can escape prosecution if they return the money.

Patrialis said the government was now using what he termed a "restorative" approach to combating corruption, saying it was impossible to wipe out corruption completely and what could be done was to make it harder for people to commit the crime.

He said the bill stipulated that public officials who deliberately file false reports of their net worth could be charged with corruption. Public officials who did not report money they possess can also be charged with corruption, he added.

Corruption Eradication Commission (KPK) chair Busyro Muqoddas disagreed with Patrialis, saying the proposed provisions, if passed into law, would impair the antigraft commission and undermine the country's efforts to combat endemic corruption.

"The proposed bill contradicts the nation's commitment to tackling corruption," said Busyro, who claimed his office was never invited to discussions about the bill.

He said he doubted the process of creating the law could be separated from politics. "Can the officials proposing the bill act independently and impartially since they were born from certain political elites?" Busyro said. "Political parties have set an expensive price for formulating law."

Busyro questioned whether the amendments to both laws were for the public interest or merely the personal agenda of certain political parties. "If it is really being done for the sake of the people there should be a public polling mechanism carried out by those who initiated the proposal," Busyro said.

Eva Kusuma Sundari, a legislator from the Indonesian Democratic Party of Struggle (PDI-P) and a member of the House's Commission III overseeing legal affairs, criticized the draft as "imperfect", but said she also saw improvements in the proposed amendments.

"Regardless of its flaws, the draft bill has much clearer stipulations on the reverse burden of proof for illicit enrichment and asset forfeiture," Eva said.

Draft revisions to Anticorruption Law:

  • Someone intentionally making a false statement about suspected corruption is subject to three years in prison
  • Reduction in previous minimum sentence of one, two, three or four years in prison depending on verdict to one year in prison for all charges - Corruption of less than Rp 25 million may not be prosecuted if person admits offense and returns money
  • KPK authority unclear
  • Charges on causing state losses are removed
  • Clearer passages on the use of reverse burden of proof to probe alleged illicit enrichment
  • More on assets forfeitures
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