Low Application Of Money Laundering Article Against Corruptors
JAKARTA - The Corruption Eradication Commission (KPK) and the Attorney General's Office are considered to have the minimal application of the Criminal Act of Money Laundering (TPPU) against corruption perpetrators. In fact, based on the records of Indonesia Corruption Watch (ICW), the Corruption Eradication Commission (KPK) only charged two perpetrators of corruption with this article.
Based on the 2020 Corruption Court Proceedings Monitoring Report: Rampant Corruption, Punishment Does Not Have a Deterrent Effect, ICW noted, of the thousands of defendants in corruption cases, only 20 were charged with the money laundering article.
"Throughout 2020, a total of 1,298 defendants, both the Corruption Eradication Commission (KPK) and the prosecutor's office, have only used the Money Laundering Law on 20 people," said Kurnia in an online press conference on the Facebook account of Sahabat ICW, Monday, March 22.
He explained that the Corruption Eradication Commission (KPK) only charged two defendants in a corruption case with this article. They are the former President Director of PT. Garuda Indonesia Emirsyah Satar and former Managing Director of PT. Mugi Rekso Abadi (MRA) Soetikno Soedarjo.
Meanwhile, the Adhyaksa Corps, he continued, charged 18 defendants using the article money laundering. Some of them are suspects in the Jiwasraya corruption case, Benny Tjokrosaputro, and Heru Hidayat.
The lack of application of this money laundering article was later regretted by ICW. "In fact, this regulation is seen as an entry point to impoverish corruptors," said Kurnia.
Furthermore, he said, the application of this Money Laundering Crime (TPPU) should be able to be carried out against corruptors. Given that the perpetrators of criminal acts often hide the proceeds of their crimes.
"Therefore, when this is done, the elements as regulated in Article 3, Article 4, Article 5 of the Money Laundering Crime (TPPU) Law can automatically be fulfilled," he said.
It's just that, this has not been done because of law enforcement in Indonesia. The reason is until now they prefer to apply retributive punishment theory to the restorative concept.
Regarding the rarity of the Corruption Eradication Commission (KPK) in implementing the money laundering article, Acting KPK spokesman for Enforcement Ali Fikri explained the reason some time ago. He said that this article would only be applied if sufficient preliminary evidence was found.
"In principle, the Money Laundering Crime (TPPU) will be applied if there is sufficient initial evidence that there is a suspicion of a change in form from the proceeds of the criminal act of corruption to assets with economic value such as property, vehicles, securities, and others," said Ali.
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Recalling the indictment of money laundering crime of Emirsyah Satar and Soetikno Soedirjo
The former President Director of PT. Mugi Rekso Abadi, Soetikno Soedarjo, was sentenced to 6 years in prison and a fine of Rp. 1 billion subsidiary to 3 months in prison by the Panel of Judges at the Central Jakarta Corruption District Court in 2020.
Soetikno is a defendant in the bribery case of the former President Director of PT. Garuda Indonesia, Emirsyah Satar in the alleged bribery case related to the procurement of aircraft and aircraft engines at PT. Garuda Indonesia as well as a defendant in the crime of money laundering.
This sentence is lighter than the demands of the Corruption Eradication Commission (KPK) Public Prosecutor, namely 10 years in prison and a fine of Rp. 10 billion, a subsidiary of 8 months. The judge also did not grant the prosecutor's demand to oblige the defendant to pay compensation amounting to 14,619,937.58 US dollars and 11,553,190.65 euros to Soetikno.
Meanwhile, former President Director of PT. Garuda Indonesia, Emirsyah Satar, was sentenced to eight years in prison and a fine of Rp. 1 billion, a subsidiary of three months in prison by a panel of judges at the Jakarta Corruption Court in the same year.
Emirsyah is the defendant in the alleged bribery case related to the procurement of aircraft and aircraft engines at PT. Garuda Indonesia as well as money laundering.
"Stating that the defendant Emirsyah Satar was legally and convincingly proven guilty of committing corruption and money laundering," the judge said during the trial.
Apart from being sentenced to the basic sentence, Emirsyah was also subjected to additional penalties, namely paying a replacement fee of 2,117,315.27 Singapore dollars, a subsidiary of 2 years in prison.
The two perpetrators of corruption then filed an appeal to the DKI Jakarta High Court. However, this second-level court decision strengthens the verdict handed down by the Corruption Court at the Central Jakarta District Court against the former President Director of PT. Garuda Indonesia, Emirsyah Satar, and Soetikno Soedarjo.
The court decisions against both of them have permanent legal status. Currently, Emirsyah is serving a sentence at the Sukamiskin Prison, Bandung, West Java.