Novianti Setuningsih, Jakarta – Gajah Mada University (UGM) Anti-Corruption Study Centre (Pukat) researcher Zaenur Rohman says that efforts to eradicate corruption require strengthening law enforcement rather than providing an opportunity for perpetrators of corruption (tipikor) to repent by returning financial losses incurred by the state.
As has been reported, President Prabowo Subianto earlier asked corruptors to return what has been stolen from the state. To that end, he gave the corruptors a chance to repent.
"I think that instead of offering a pardon, what actually needs to be done is to create an effective instrument to support and encourage the eradication of corruption", Rohman told Kompas.com on Thursday December 19.
Rohman said that the government should revise the Corruption Eradication Law in order to restore the independence of the Corruption Eradication Commission (KPK) and criminalise illicit enrichment.
"Therefore, if there are state administrators' whose assets are unreasonable, then it’s the reverse, they must prove their origins. If they can't prove it, then the assets will be confiscated for the state", he said.
Thus the government must immediately ratify the Draft Laws on Asset Seizure and Restrictions on Cartel Currency Transactions.
"So, once again, not with promises of amnesty. Because such a promise is very dangerous. It could become an incentive for corruption perpetrators, 'ah, it's okay to be corrupt, you can be forgiven, right?' Its' a bad signal", said Rohman.
And its not just preparing regulations that support the eradication of corruption, Rohman said that law enforcement officials must also take firm action against perpetrators of corruption.
Moreover, according to Rohman, under Law Number 31/1999 which was later amended by Law Number 20/2021 on Corruption, it explicitly states that the return of state losses does not eliminate a criminal act.
"Returning state financial or economic losses does not eliminate the criminal penalty for perpetrators of criminal acts as referred to under Article 2 and Article 3", reads Article 4 of the Corruption Law.
Rahman also said that in practice, granting amnesty would actually create a poor impression of efforts to eradicate criminal acts of corruption.
"In practical terms, it's also impossible for corruptors to return it just because of a few words, just because of empty talk. Corruptors will be afraid of the forms of action", he said.
"So, they won't be afraid of being threatened verbally, even by the president, because so far they have escaped the clutches of law enforcement officials", Rahman reiterated.
Rahman said however that an amnesty system for perpetrators of corruption crimes remains an option. However, only for corporate perpetrators, not individuals.
He revealed that this has done in Britain through the implementation of Deferred Prosecution Agreements (DPA), namely a prosecution does not proceed because the state had recovered the losses and fines have been paid.
"But that doesn't mean just returning the money from corruption. There are very big fines. So, the point is by returning the proceeds of corruption, by paying the fines, the benefits for the state are much higher than prosecuting a corporation. However, this can only be for corporations, not individual perpetrators", said Rahman.
According to Rahman, such regulations could be adopted in countries that adopt a common law system.
As reported earlier, President Prabowo asked corruptors to return what they had stolen from the state. According to Prabowo, if corruptors return what they stole, then they may be forgiven.
This was conveyed by Prabowo at a meeting with Indonesian students at the Al-Azhar University in Cairo, Egypt, on Wednesday December 18.
"I am in these weeks, these months, I am, in the context of giving [them] a chance, giving them an opportunity to repent. Hey you corruptors, or those who feel they have stolen from the people, if you return what you stole, yes maybe we will forgive you, but return it, okay", Prabowo said on the Presidential Secretariat (Setpres) YouTube channel on Thursday December 19.
Prabowo said the government would give corruptors the opportunity to return their stolen goods and that this can be done on the quiet so they are not found out.
Prabowo also took the occasion to reprimanded officials who had received state facilities to pay off their obligations. "Then, you who have received facilities from the nation and state, pay your obligations. As long as you pay your obligations, obey the law, that's it, we are looking to the future, we cannot bring up the past", said Prabowo.
Meanwhile, Prabowo said, if there are still officials who are obstinate, then he will enforce the law. He also reminded law enforcement officials to take a firm stance, to decide whether they want to be loyal to the nation and the people or to other parties.
"If you are loyal to the nation, state, and people, come on, if not, trust me, I will clean up the apparatus of the Republic of Indonesia. And I am sure and believe that the Indonesian people are behind me", said Prabowo.
[Translated by James Balowski. The original title of the article was "Pemberantasan Korupsi Butuh Tindakan Tegas, Bukan Memberi Koruptor Kesempatan Tobat".]
