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Indonesia's Prabowo doubles down on stance against graft convicts after U-turn on possible pardon for them

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Channel News Asia - December 31, 2024

Jakarta – Indonesian President Prabowo Subianto has doubled down on his stance against those convicted of graft, days after making an apparent U-turn on an earlier statement suggesting his administration might pardon those accused of the crime.

At a government meeting on Monday (Dec 30), Prabowo urged judges to adopt a tougher stance on graft convicts, stating that they deserve to be imprisoned for decades especially if the crimes they committed have caused hundreds of trillions of rupiahs in state losses.

"Please, judges, don't give these criminals a sentence that is way too light, people will say that Prabowo does not understand how the law works but even those living in the streets would understand (how unfair the verdict is)," he was quoted as saying by the Jakarta Globe.

Prabowo's comments came a week after high-profile businessman Harvey Moeis was sentenced to 6.5 years in prison and fined US$13 million for his role in a massive tin-mining corruption case.

Harvey's jail term sparked public outrage as it was significantly shorter than the 12 years which prosecutors had sought, the Jakarta Globe reported.

During the trial, the prosecution revealed that state losses from Harvey's case amounted to an estimated 300 trillion rupiah (US$18.6 billion), primarily from irreparable environmental damage caused by illegal mining activities.

"People will say that (this person) stole hundreds of trillions of rupiah but look here, he only has to be in jail for several years," Prabowo had said, without specifically referring to Harvey.

The president's latest comments on Monday came after he on Saturday denied that he had wanted to pardon graft convicts. Instead, he said that his intention was simply for them to "repent" and return the money they stole.

"Some have said that Prabowo wants to pardon graft convicts but that is not the case," he said at a Christmas celebration event in Jakarta, as quoted by local news outlet Kompas.

"I want to make them aware (of their wrongdoings). Those who have sinned, just repent. That is what religion teaches us ... It's not that I will pardon them."

During his visit to Egypt on Dec 18, Prabowo said that he may pardon those convicted of graft if they returned what they stole, The Jakarta Post reported. The president did not give any further details on his plans.

This "new approach" in tackling corruption by prioritising asset recovery was then confirmed by the Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra on Dec 20.

The idea was met with criticisms from legal experts and politicians, including former coordinating minister for political, legal and security affairs Mahfud MD who said that the proposed approach could undermine Indonesia's fight against corruption.

On Saturday, Prabowo warned that those who engaged in corruption cannot just repent after regretting their actions, without returning the money they stole.

"So what if he wants to repent, return the things you stole," he said, adding that his government will continue to recover the proceeds from corruption activities if the graft offenders refuse to return them.

In his speech that was attended by thousands including several religious figures, he also reaffirmed his commitment to rooting out corruption, emphasising that Indonesia will not prosper as long as corruption remains entrenched.

Law minister apologises

Meanwhile, Law Minister Supratman Andi Agtas has apologised for his earlier suggestion of implementing a "peace fine" as one of the ways the government could implement Prabowo's idea of asset recovery from graft offenders, local media reported.

According to The Jakarta Post, following Prabowo's controversial announcement in Cairo, Supratman had expressed support, saying that improving asset recovery in graft cases was more crucial than punishing the convicts.

"The reality is that we simply punish corruptors with the obligation to pay compensation and some other fines when in fact, the fines do not amount to the actual state losses," he said in a press statement on Dec 23, as quoted by news agency Antara.

He then compared the asset recovery idea with the "peace fine" implemented by the Attorney General's Office (AGO), where a case can be settled out of court by paying a fine determined by the AGO.

However, AGO's Head of the Legal Information Centre Harli Siregar on Friday refuted Supratman's claims, saying that the peace fine is strictly for the resolution of financial crimes such as customs and excise cases and not for corruption cases, Antara reported.

In light of the backlash, Supratman has issued an apology. "I just want to compare (possible approaches for graft convicts), it does not mean that the President will use that, absolutely not," the minister said on Friday, as quoted by Kompas.

Supratman also clarified that Indonesia's plans to grant amnesty to 44,000 prisoners will not include graft convicts.

Earlier, Yusril – the coordinating minister for law, human rights, immigration and corrections – had claimed that the government's proposed pardon of graft offenders is part of the broader programme aimed at addressing the country's overcrowded prisons.

Supratman said that those who could be pardoned include those jailed in Papua province for criticising the government, prisoners with long-term illnesses including those with mental disorders as well as drug offenders.

Source: https://www.channelnewsasia.com/asia/indonesia-prabowo-subianto-graft-corruption-convicts-pardon-return-money-stolen-483273

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