Prosecutor Wants All Out To Confiscate Jiwasraya's Assets, Academics: Additional Punishment For Replacement Money Does Not Apply If Sentenced For Life

Illustration. (Photo: Doc. Antara)

JAKARTA - The Attorney General's Office has promised to hunt down the assets of the two convicts of the Jiwasraya Insurance case to cover the unpaid replacement money. This is inversely proportional to the fate of the two convicts of the case, namely Benny Tjokro and Heru Hidayat, who have been sentenced to life imprisonment.

According to Yenti Garnasih, Dean of Faculty of Law Univ Pakuan Bogor who is also the General Chair of MAHUPIKI (Indonesian Criminal Law and Criminology Society), prosecutors should have known that the replacement money was not coercive.

"What if the convict has no money or can't pay, of course it will be replaced with a prison sentence. The convict has already been sentenced to life imprisonment, so how do you force him?," Yenti told reporters in Jakarta, Monday, October 4.

Yenti also considered that if the prosecutor wanted to confiscate or confiscate the assets of the convict, it could actually be done. That is, if the prosecutor's office is very certain that the convict has the property in question.

"In terms of corruption, the convict's property may be confiscated and confiscated to cover the state's losses, but it must still be on the order of the judge," he said.

He emphasized that the confiscation of assets to pay replacement money for convicts for life was useless. The reason is, the convicts have been sentenced to life in prison, and the additional penalty for replacement money is no longer valid. So if there is tracking of assets outside the court's decision is an illegal act.

Yenti's statement was delivered in accordance with the provisions of the Criminal Code.

"Unless the convicts are sentenced to 20 years, and the judge in his decision orders the prosecutor as the executor to confiscate or confiscate assets as an additional crime, then tracking assets to meet state losses can only be done," he stressed.

The former chairman of the National Committee of the KPK also considered that the prosecutor's all-out action to hunt down the assets of the convicts in the Jiwasraya case must also be based on the judge's decision.

"This means that it must be in accordance with the decision on the demands and indictments submitted and the Criminal Code. It doesn't necessarily mean that you suddenly want to look for this, it's an asset that is not in accordance with the decision," he said.

So, he said, the prosecutor as law enforcer should be professional when conducting investigations and tracking the assets of the convicts at the investigation level.

"It is well tracked where the assets are, so they must be professional in the investigation and investigation process at the beginning," he said.

Meanwhile, Benny Tjokrosaputro's attorney, Bob Hasan, explained that the prosecutor should calculate his client's assets in a real and fair manner.

"Regarding the calculation resulting from state losses which are the responsibility of Benny Tjokro, it must be done transparently regarding how much has been confiscated by the prosecutor based on the court's decision, the calculation must be real and reasonable," said Benny.

"So it is too early to take further confiscation actions before calculating the number of assets that have been confiscated according to the procedural law for calculating state losses. The point is that the calculation must have a legal basis, while still taking into account the confiscated assets, don't think more or less first," he said.