JAKARTA - The Chairman of the Centra Initiative, Al Araf, said that there was no objective reason or argument to separate economic crimes as crimes outside the Criminal Code (KUHP) or crimes that are handled specifically.
He assessed that the discourse on the publication of the Draft Government Regulation to Replace the Law (Perppu) on Eradication of Economic Crimes and Recovery of the State Economy which provides the basis for the formation of the Economic Crime Handling Task Force, including providing the authority in the form of a peaceful fine mechanism for the task force to stop cases outside the court process previously approved by the Attorney General and the Prosecution Delay Agreement which is carried out by the public prosecutor against corporations with the condition of fulfilling obligations and improving governance, does not have a constitutional basis.
"For us, the efforts of the Attorney General of the Republic of Indonesia to design this Perppu are not based on constitutional reasons, especially in terms of urgency that is forced, as stipulated in Article 22 paragraph (1) of the 1945 Constitution," Al Araf said in his statement, Sunday, March 15.
According to him, there are a number of weaknesses in the draft Perppu such as combining economic crimes and saving the country's economy as two unrelated things. Therefore, there is no basic reason for the draft Perppu about the need to separate economic crimes as crimes outside the Criminal Code or crimes that are handled specifically.
"Another uncertainty is the identification of criminal acts from various laws that are categorized as economic crimes without clear arguments that their implementation will be feared to touch various criminal acts that may not be related to the country's economy," he continued.
Al Araf added that the identification of criminal acts from various criminal laws, as economic crimes, was carried out carelessly, without a clear basis and argumentation. "So in its implementation, various criminal acts that may not be related to the country's economy are qualified as economic crimes, for example the Information and Electronic Transaction Law," he said.
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