7 Things About Prabowo's Discourse on Forgiving Corruptors

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December 23, 2024 | 07:05 am

TEMPO.CO, Jakarta - Indonesian President Prabowo Subianto is back in the spotlight after raising the idea of granting pardons to corruptors who are willing to return their stolen goods to the state.

He made this statement in his speech at Al-Azhar University, Cairo, Egypt, on Wednesday, December 18, 2024. The idea has drawn various reactions from the public, legal experts, and political observers. Here are the facts you need to know regarding this issue:

1. Opportunity to Repent for Corruptors

In his speech, Prabowo offered a "way out" for corruptors with the main condition: returning the money from corruption to the state. He even promised that this action would be carried out without publicity so that the perpetrators would feel more comfortable. "Hey corruptors!, or those who have stolen (from the state), if you return what you stole, I will forgive you," said Prabowo.

2. Potential Risks of Transparency and Accountability

However, this policy has drawn criticism, especially from the former Chief Justice of the Constitutional Court Mahfud MD. He considered that this idea has the potential to weaken the principles of transparency and accountability. In his view, if there is no clear mechanism to verify the amount of money returned, it is difficult to ensure the integrity of the process. "Transparency and accountability are important. If no one reports, it cannot be ascertained whether the amount handed over to the state is correct or not," Mahfud emphasized.

3. Legal Basis for Granting Pardons

Yusril Ihza Mahendra, Coordinating Minister for Law, Human Rights, Immigration, and Corrections, emphasized that granting amnesty to corruptors does not actually conflict with the constitution. According to Article 14 of the 1945 Constitution, the president has the authority to grant pardons, amnesty, abolition, and rehabilitation, as long as it is based on the consideration of the Supreme Court and the approval of the DPR. However, Yusril emphasized the importance of caution in implementing this policy.

4. Contradicting Previous Firm Stance

This statement is considered to be contradictory to Prabowo's previous commitment to eradicate corruption. In March and August 2024, he repeatedly emphasized his commitment to not compromise on corruption, even promising a special budget allocation to support the eradication of corruption.

5. Policy Effectiveness Questioned

Boyamin Saiman, Coordinator of the Indonesian Anti-Corruption Society (MAKI), doubts that corruptors will be willing to return stolen money voluntarily. "Corruptors who have been tried often claim to be innocent, how can they return the stolen money?" said Boyamin.

6. Pros and Cons from Various Parties

This policy has sparked mixed reactions. Lakso Anindito from the IM57+ Institute stated that this discourse could be a justification for reducing the sentences of corruptors under the pretext of asset recovery. On the other hand, Yusril is of the opinion that pardons can provide real benefits to the country if accompanied by the return of significant assets. "President Prabowo has the authority to grant amnesty and abolition for any criminal act, including corruption," said Yusril. However, according to the constitutional mandate, the President will ask for consideration from the DPR before granting amnesty and abolition.

7. Mahfud MD's Hope

Mahfud MD added that pardon alone is not enough to eradicate corruption. He suggested that the government focus more on uncovering corruption networks that "protect" corruptors. In addition, opening major corruption cases that have been hampered must also be a top priority.

Hendrik Yaputra, Hendrik Khoirul Muhid, Annisa Febiola, Dinda Shabrina and Ervana Trikarinaputri contributed to the writing of this article.

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