Ervana Trikarinaputri, Jakarta – Indonesian President Prabowo Subianto has instructed an in-depth study on changing the definition of corruption crimes in national legislation.
Coordinating Minister for Law, Human Rights, Immigration, and Prisons, Yusril Ihza Mahendra, said the study is necessary to ensure that the regulations regarding corruption crimes are in accordance with Indonesia's conditions and needs. Thus, efforts to eradicate corruption and protect state wealth can be strengthened.
Yusril explained that he spoke with President Prabowo about the proposal to amend the definition of corruption in the Anti-Corruption Law to align it with the United Nations Convention Against Corruption (UNCAC).
"I just spoke and discussed with Pak President while also listening to his directions concerning the wishes of the National Economic Council (DEN) to make changes to the definition of corruption as stated in Law Number 31 of 1999 and Law Number 20 of 2001 on corruption crimes," said Yusril, after meeting President Prabowo at the Presidential Palace complex in Jakarta on Monday, October 26, 2026.
Yusril said UNCAC does not limit corruption crimes to bribery alone, but also encompasses various other aspects that serve as guidelines for participating countries when formulating provisions to combat corruption in their national laws.
"Pak President emphasized that he does not mean to have approved what was conveyed by DEN, but he requested a more in-depth study so that we can formulate a definition of corruption that is suitable for the situation of our country," Yusril explained.
He added that discussions with the President also highlighted the importance of expanding the definition of corruption to include practices that may drain the nation's wealth and harm the national economy. In addition to bribery, gratification, extortion, and abuse of authority, which harm the state, other practices need attention. These include under-invoicing in the mining sector and illegal fishing at sea.
Furthermore, Yusril believes that clarifying the definition of state finances is an important aspect of refining corruption crime regulations that needs to be studied. Yusril believes clear boundaries are important so law enforcement can be carried out accurately and so actions related to the management of finances and business activities are not subject to incorrect interpretation.
"Actually, in our current Corruption Law, the first is the element of state loss, and the second is the national economy. The national economy, which I think is still underdeveloped. So if someone commits illegal fishing, engages in under-invoicing in the mining sector, it is clear that they harm the national economy, that should also be included in corruption," said Yusril.
Yusril assured that the government will continue to align the provisions for corruption crimes with the principles contained in UNCAC while considering Indonesia's characteristics, needs, and national interests.
Discussions about the meaning of corruption have intensified after President Prabowo Subianto reportedly approved the DEN's study to change the definition. The Economic Council proposed adjusting Indonesia's definition of corruption to align with international standards, rather than relying solely on the element of state loss.
DEN Chair Luhut Binsar Pandjaitan said the clause on state loss outlined in the Anti-Corruption Law hinders the Investment Management Agency Danantara from making business decisions. Therefore, he believes redefining corruption is necessary to provide Danantara with legal certainty.
Head of the Law and Investigation Division at Indonesia Corruption Watch (ICW), Ibrahim, said removing the article on state financial losses would render Indonesia's fight against corruption ineffective. So far, this norm has been the backbone of law enforcement. In 2024, as many as 83.5 percent of convictions and 91.3 percent of corruption case investigations relied on the state loss provisions.
Following criticism of his statements, Luhut Binsar Pandjaitan offered a clarification. He said DEN does not intend to remove the state loss from the formulation of Articles 2 and 3 of the Corruption Eradication Law and Articles 603 and 604 of the Criminal Code.
The DEN's recommendation points focus on two things. First, clarify the elements of proof to make law enforcement more certain, objective, and consistent. Second, the scope of corruption eradication should expand by adopting UNCAC offenses not yet regulated by national law.
Source: https://en.tempo.co/read/2122430/prabowo-orders-in-depth-study-on-definition-of-corruptio