The Death Penalty For Corruptors Is Not Worth Implementing, Formappi: Do You Dare To Fight The Oligarchy?

JAKARTA - In the midst of many rejections of the discourse on the death penalty for corruptors echoed by Attorney General ST Burhanuddin, Researcher of the Indonesian Parliamentary Concerned Community Forum (Formappi), Lucius Karus is also not too sure that the discourse can and should be realized.

Lucius also questioned whether the Attorney General dared to fight against an oligarchy full of corruption by determining whether or not the death penalty for corruptors would be enforced. Moreover, there are still many corruption cases that are 'stalled' in the hands of the Attorney General's Office.

"This condition is supported by the supervisory function carried out by Commission III of the DPR RI against the Attorney General's Office, it is only a formality. So it is impossible to realize the discourse on the death penalty for corruptors," said Lucius, in his written statement, Friday, December 3.

He said that with the systematic corruption climate in Indonesia, the idea of the death penalty would not be easily supported by political party elites and the DPR.

"Because corruption is always close to the elite, it is impossible for them to design severe punishments for themselves," he said.

"I think that's the performance of Commission III of the DPR, there are more formalities to the performance of the prosecutor's office. I think maybe Commission III also has a reason because if they talk about the stalled cases, they might also be considered intervening," he said again.

According to Lucius, the DPR should be able to supervise from the management side of the Prosecutor's Office, when leaving a case without clarity it should be the DPR's duty to question the Prosecutor's Office.

"So I don't think there is much that can be expected from Commission III to encourage the Attorney General's Office to process the pending cases," he said.

Lucius also considered that the performance of the Attorney General's Office was not optimal, although in certain cases he received appreciation for his initiative to deal with corruption.

"But then it cannot cover up the many other AGO's performances which have not been completed until now," said Lucius.

He said that this should be a reference for the DPR to be more firm in overseeing the performance of the Attorney General's Office. However, according to him, the DPR, which is filled by various groups, is certainly not free from interests, so it cannot be firm on the performance of the Prosecutor's Office.

"Although we also know that Commission III is not completely free of interest in the prosecutor's office. Because most of them are lawyers and so on, so the possibility of a conflict of interest makes Commission III's supervisory function of the prosecutor's office not as firm as expected," he continued.

Recently, the Prosecutor's Office has focused more on the Jiwasraya and Asabri cases. According to him, this is what the DPR should have done to warn the Prosecutor's Office not to only deal with one or two cases being handled and allowing other cases to stall. Moreover, the case was suspected to have caused a commotion regarding the confiscation of his assets.

"So that's where the supervisory role should be able to encourage the Attorney General's Office to be fair to the cases that have been handled. That's what I think when he only focuses on one case and then lets other cases stand still, maybe we can assess or suspect the Attorney General's Office has selective," he said.

Meanwhile, the former chairman of the Prosecutor's Commission, Halius Hosen, said that it is not easy for a prosecutor to demand that people be sentenced to death.

"Because of the conditions for the maximum sentence, there is not the slightest mitigating action. So he really doesn't have the slightest reason for the prosecutor to say there are mitigating actions," he said.

According to Halius Hosen, who is also a former Sesjamwas Sesjamwas, it is a legal guide that must be used as a guide for prosecutors so that they do not carelessly demand that corruptors be sentenced to death.

"So how is the effectiveness of the death penalty? Is it just the sentence, or is it in the prosecution process, or the execution process? which is very deep and mature and reflects on many other countries," he continued.

The number of 'stalled' cases that are in the hands of the Attorney General's Office is homework and debt that must be a priority to be resolved.

"Because the fate of people being hanged is also not allowed. It must be clear if the status is a suspect, before a court in court, decide immediately. If he has been unclear for years, his name is not correct, meaning that he is irresponsible as a prosecutor as a public prosecutor, " said Halius.

According to him, the Attorney General should prioritize which cases must be resolved immediately. In fact, he said, the Prosecutor's Office has enough prosecutors to handle the case.

"This is a debt from the Attorney General's Office that must be settled, because the fate of people being hanged is not clear what their legal case status is. Moreover, if the person has died, the Attorney General's office has to close it, it can't be (continued or left alone) so," he said.

Regarding the issue of the alleged polygamy of the Attorney General ST Burhanuddin, which had recently been noisy, Halius also spoke up.

"Well, this is actually a clear problem, when it comes to polygamy it refers to the Marriage Law. Whether the marriage of the Attorney General with the second wife, which the prosecutor says is according to procedure or not, is not clear until now," he said.

According to him, according to the procedure there are several provisions that must be carried out, one of which is to get permission from the first wife.

"For example, if there is permission from an old wife, then she is legally registered at the Prosecutor's Office as his wife, now this will all work out and see how it will turn out. What is the status of this second wife, whether violated or not, of course, there is a serious risk for the second wife if she is true. an ASN too," he said.

In addition, if it is not in accordance with the procedure, it will also affect the position of the Attorney General in the eyes of the public. Of course, the Attorney General must also be wise and JAM must also remind him.

"Well, whether the marriage is in accordance with the procedure or not. It's okay to marry a second time, isn't it forbidden, there are only rules and ethics that must be obeyed and respected, especially his position as the 'face' of the Prosecutor's Office," he continued.