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TEMPO.CO, Jakarta - Indonesian President Prabowo Subianto's plan to pardon corruptors who return their wealth from corruption to the country has been flooded with criticism. A number of parties, from legal experts to anti-corruption activists, disagree with the idea. They consider this effort to be against the rules and seems to protect perpetrators of corruption.
Prabowo, while giving a speech to Indonesian students at Al-Azhar University, Cairo, Egypt, on Wednesday, December 18, 2024, said he would give corruptors the opportunity to repent. This week, Prabowo is giving corruptors the opportunity to return their stolen goods.
"This week I am giving them the opportunity to repent. Hey corruptors! or those who have stolen (from the state), if you return what you stole, I will forgive you," said Prabowo, quoted from the Presidential Secretariat's YouTube broadcast on Thursday, December 19, 2024.
Here is a series of criticisms of Prabowo's discourse on pardoning corruptors who return the proceeds of their corruption:
1. Indonesia Corruption Watch (ICW)
ICW Coordinator Agus Sunaryanto said that President Prabowo's discourse on pardoning corruptors does not solve the problem. ICW believes that rather than discussing forgiving corruptors, the head of state should focus on accelerating the discussion of the Asset Confiscation Bill.
"This commitment has been stated in the Asta Cita document to strengthen political, legal, bureaucratic reforms, and strengthening corruption prevention," said Agus in his statement, Friday, December 20, 2024.
Therefore, his party is encouraging Prabowo to immediately send a presidential letter to make the Asset Confiscation Bill a top priority for discussion in the House of Representatives or DPR. Such a thing, he said, is more concrete than rolling out the discourse of pardon for corruptors.
"Accelerating the realization of regulations on asset confiscation also has a more positive impact than the discourse. When this bill is passed, it can restore state assets to be used to support the acceleration of the government's priority programs," he said.
2. Constitutional Law Expert Mahfud MD
Constitutional law expert and former Chief Justice of the Constitutional Court or MK, Mahfud MD, assessed that Prabowo's discourse on pardoning corruptors was very risky and contradicted the Law (UU). According to him, this action violates two principles of government, namely accountability and transparency.
"If it contradicts the law, it is easy to make a new law. But that's transparency and accountability. It doesn't guarantee that people will admit corruption," said the former Coordinating Minister for Political, Legal and Security Affairs at the MMD Initiative Office, Central Jakarta on Friday, December 20, 2024.
The former vice presidential candidate in the 2024 Presidential Election also said that Prabowo's actions actually made corruptors not deterred. Prabowo would be better off taking firm action against those who 'back' corruption cases. Moreover, Prabowo has warned officials not to become backers of cases.
3. IM57+ Institute
IM57+ Institute Chair Lakso Anindito said Prabowo's plan to pardon corruptors who return the proceeds of corruption is an attempt to justify reducing the sentences of corruptors and even forgiveness under the pretext of optimizing the recovery of assets from corruption. According to him, there are no regulations in the world that regulate efforts to eliminate criminal penalties with asset recovery.
"Asset recovery and punishment are two tracks that run simultaneously and do not negate each other," said Lakso in an official statement on Thursday, December 19, 2024.
Lakso explained that the concept of accelerating the handling of special cases is only for corporations, and not humans. This is because corporations are not physically punished. The deferred prosecution agreement mechanism is used to ensure that corporate cases can be subject to payment obligations quickly, while their directors and public officials are still punished.
"There should be no attempt by free riders to justify efforts to issue warnings and even pardons on the grounds of optimizing asset recovery," said Lakso.
4. Anti-Corruption Study Center (SAKSI) Mulawarman University
Researcher from the SAKSI Center of Mulawarman University, Herdiansyah Hamzah, said that Prabowo's statement tended to legitimize the corruptors' brazen actions instead of strengthening the eradication of corruption. According to him, pardoning corruptors who have returned the proceeds of corruption will only benefit them.
"President Prabowo's statement is wrong because it only benefits corruptors," said Herdiansyah when contacted on Thursday, December 19, 2024.
Herdiansyah Hamzah said that President Prabowo's statement was contradictory. The statement also cannot be executed because it deviates from norms and laws. This is because perpetrators of corruption must still receive punishment even though they have returned state losses.
"Prabowo shows a lack of understanding of the rules and efforts to eradicate corruption," he said.
Referring to Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption, Herdiansyah explained that the return of money or state losses by corruptors does not legitimize their freedom from criminal charges. Article 4 of the Law clearly regulates that the return of state or economic losses does not eliminate the criminal penalty for perpetrators of corruption.
5. Feri Amsari, Lecturer in Constitutional Law at Andalas University
Lecturer in Constitutional Law from Andalas University Feri Amsari also considered President Prabowo's statement to be wrong and did not reflect the spirit of eradicating corruption. In terms of justice, he said, the discourse is more beneficial to corruptors than the community
Feri hopes that Prabowo will first understand the rules for eradicating corruption, so as not to get caught up in expressing erroneous opinions. "It's better to understand the law first, then make a statement," he said.
Hendrik Yaputra, Amelia Rahima Sari, Annisa Febiola, Novali Panji Nugroho and Andi Adam Faturahman contributed to the writing of this article.
Editor’s Choice: 7 Things About Prabowo's Discourse on Forgiving Corruptors
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