Markus Junianto Sihaloho – A Golkar Party lawmaker called on graft convicts on Friday to sue the justice minister over his moratorium on sentence cuts for corruptors, which he said violated their rights.
"They [the justice minister and his deputy] are robbing the convicts of their independence with this wrong policy," Bambang Soesatyo said in a press statement.
The convicts, he said, should report Justice and Human Rights Minister Amir Syamsuddin and his deputy, Denny Indrayana, to the police under Article 333 of the Criminal Code.
He quoted the article as saying that "anyone who intentionally takes away someone's independence or continues such deeds against the law will face a maximum of eight years in prison."
However, former Justice Minister Yusril Ihza Mahendra, a lawyer for seven graft convicts who challenged Amir's policy in court, said the court cannot order Amir's and Denny's dismissal.
"The appointment and dismissal of a minister is the president's prerogative right and no one can intervene," he told beritasatu.com.
He said Amir and Denny cannot be charged with taking away anyone's independence because the graft convicts challenging the policy have already been released from prison.
Amir issued a decree last November that called for a moratorium on remissions for graft convicts in response to years of public criticism over the ease with which corruption suspects receive sentence cuts.
He enacted the policy shortly after President Susilo Bambang Yudhoyono appointed him to replace then minister Patrialis Akbar, who had been criticized for being overly generous in cutting sentences.
The decree, which outlined stricter requirements for corruption suspects to receive the sentence reductions handed out on certain holidays, was welcomed by antigraft watchdogs.
But it did not please everyone, sparking uproar among lawmakers because it resulted in Paskah Suzetta, a former legislator and minister, being sent back to jail just moments after he secured his release with a remission.
Several members of House Commission III, which oversees legal affairs, went so far as to boycott hearings with Amir. Seven graft convicts legally challenged the decree, and on Wednesday the Jakarta State Administrative Court ruled in their favor.
The court said imposing tighter requirements for remissions was "discriminative" and "violates existing laws and the principle of good governance."
Amir and Denny said they would appeal the verdict.
Yusril criticized this decision to appeal, calling them unprofessional for failing to honor an earlier promise to accept the court's ruling. "They [Amir and Denny] are not ordinary people," he said. "If they're unprofessional, what will happen to the people?"
The government, he said, will appear autocratic if it continues to pursue the moratorium. "This is a dictatorial government, turning a country of law into a dictatorial country," he said. "Their [moratorium] policy is going against the law and that's dangerous."
The Cabinet Secretariat defended the minister, saying Amir never promised not to appeal. The secretariat said that although Amir will still try to seek legal support for his moratorium policy, he will respect the court's decision for now and continue to grant remissions to corruptors.
Last month, members of the House of Representatives pushed for a formal inquiry into the moratorium. They presented their petition, required for the inquiry, to House Deputy Speaker Priyo Budi Santoso, who said he would present the motion at the next plenary session of the House. The petition was signed by 87 legislators from seven parties.