Hardjuno Wiwoho: Three Conditions So That The Intermediary Can Be Trusted, One Of Them Is The Death Penalty For Corruptors

Legal observer, Hardjuno Wiwoho. (Photo: Special)

JAKARTA - Legal and Development Observer, Hardjuno Wiwoho, highlighted the provisions in Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises (BUMN), especially regarding the authority of the Supreme Audit Agency (BPK) in auditing the Anagata Nusantara Investment Management Agency (BPI Danantara).

In Article 15A paragraph (2) of the law, BPK cannot directly audit Danantara's finances, except at the request of the DPR. Hardjuno emphasized that treating Danantara as a pure commercial entity such as Temasek in Singapore is not a problem.

However, if you want to take the model of developed countries, then law enforcement against corruption cases and ethical standards of government officials and SOEs must also follow Singapore and other developed countries.

"Corruption must be eradicated, Indonesia's corruption perception index must rise to the equivalent of developed and modern countries. Only then can the people believe that Danantara will really be managed professionally," said Hardjuno in Jakarta, Monday, March 10.

According to the Airlangga University (Unair) Surabaya Doctorate, the big problem faced by Indonesia today is the high number of corruption cases, even with unreasonable values. Corruption is ingrained and there is no clarity on the direction of government in its eradication.

If the new SOE Law has been knocked and the Danantara is treated like a pure commercial entity, then as a balancer, the government must show firmness in eradicating corruption:

First, the government must immediately ratify the Asset Confiscation Act. Without this rule, it is difficult for the state to take back the proceeds of corruption that have been hidden by the perpetrators.

Second, the inverse proof must be applied not only to state officials, but also to BUMN and Danantara officials. Thus, anyone who has assets other than reasonable must prove his validity.

Third, the death penalty for corruptors must be applied to provide a real deterrent effect, especially for those who undermine large amounts of public funds.

"When the new SOE Law has been enacted and the authority of the BPK is cut, then people are asked to just believe that an independent audit can guarantee the financial security of the Danantara, which is worth Rp. 14,000 trillion, it is tantamount to placing the people's fate in the mouths of crocodiles and wolves," he said.

In comparison, Temasek Holdings in Singapore operates as a commercial entity, but still applies high transparency and accountability. Its annual financial statements were audited by an independent auditor, KPMG LLP, who has conducted an audit of Temasek's financial statements from 2008 to 2024 without modification.

However, what needs to be underlined is that the context of supervision and ethics of officials in Singapore is very different from that of Indonesia. Singapore is known as a country with a very high corruption perception index and strict law enforcement against corruption cases.

Based on Transparency International data, Singapore consistently ranks at the top in the global corruption perception index, showing the lack of corrupt practices in the government and its business sector.

Public officials in Singapore are subject to high ethical standards with strict supervision, as well as the threat of severe punishment for lawbreakers. On the other hand, Indonesia is still grappling with widespread corruption, with a much worse corruption perception index than developed countries.

Various major corruption cases that have been revealed in recent years have shown that the surveillance system is still weak and has not been effective in providing a deterrent effect. This is what makes the comparison between Danantara and Temasek not apple-to-apple.

"We want the Danantara to be managed professionally like Temasek, but if corruption is still rampant and there is no firmness in its eradication, then this will only be a new gap for the oligarchs to eat away at people's money," Hardjuno concluded.