Considered Not Accommodating A Number Of Delicies, The KPK Calls The Revision Of The Corruption Law Urgent To Be Carried Out
JAKARTA - Chairman of the Corruption Eradication Commission (KPK) Nawawi Pomolango said an update to the Anti-Corruption Law needed to be carried out. He called this step a way for Indonesia to adapt to the dynamics of global law and fulfill its obligations as a country that ratifies the United Nations Convention Against Corruption (UNCAC).
This was conveyed by Nawawi when holding a legal seminar entitled 'Updating the Corruption Act' in commemoration of World Anti-Corruption Day (Hakordia) on Tuesday, December 10. He said, many articles need to be studied more deeply as material for revision.
"A number of offenses have not been accommodated in the Corruption Act. First, trading in influence which often involves abuse of the influence of officials in business transactions," Nawawi said in an official written statement quoted on Thursday, December 12.
In addition, Nawawi also mentioned the offense illicit investment or unnatural increase in wealth. "Where the mechanism for reporting assets of state administrators owned by the KPK has not been the basis for the indictment in corruption cases," he said.
"(Then, red) the offense of bribery in the private sector and bribery of bribes to foreign public officials has also not been accommodated," he continued.
Coordinating Minister for Law, Human Rights, Immigration and Corrections (Menko Imipas) Yusril Ihza Mahendra agrees that the update of the Corruption Act needs to be carried out. As a resource person, he said the government was focused on strengthening political reform, law and bureaucracy, as part of the mandate of the 7th Asta Cita.
"In the initial reform, we have recorded a very fast update of the Corruption Eradication Regulation. However, until now, Indonesia's hope of being free from corruption is still far from the target. This is an important note to refresh laws and regulations while strengthening the commitment of law enforcement officials so that the eradication of corruption can be realized optimally," he said.
Harmonization of national law with an international framework, especially in accordance with the implementation of UNCAC which has been ratified by Indonesia through Law No. 7 of 2006 also needs to be done.
"With the ratification of UNCAC, we have an obligation to adopt its provisions into national law. The arrangements must be in line with international standards to facilitate more effective cross-border cooperation," said Yusril.
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Meanwhile, Topo Santoso, who is a Professor of Law at the University of Indonesia, said that the current Corruption Act is not in line with UNCAC.
"Some provisions, especially those that are criminal, require specific arrangements to be applied," he said when present as a resource person.
"These provisions, as regulated in Chapter III of UNCAC concerning criminalization, are not directly applicable (non-self-executing) and require regulation in national law," concluded Topo.