Peaceful Fine Polemic, Minister Of Law: The Government Does Not Mean To Free Criminal Perpetrators

Minister Of Law Andi Agtas/DOK PHOTO: Nailin In Saroh-VOI

JAKARTA - The Minister of Law, Supratman Andi Agtas, responded to the recent polemic amnesty. Including regarding the peaceful fine of corruptors after President Prabowo Subianto's statement that he would forgive the perpetrators of corruption as long as he returned the money he had stolen.

Supratman said the Indonesian government did not intend to immediately release the perpetrators of criminal acts, including corruptors.

"What all of us must understand is that the government does not intend to use amnesty, clemency, abolition, to just free the perpetrators of criminal acts. Not at all," Supratman said at the Ministry of Law (Kemenkum) building, Friday, December 27.

Supratman said that the Indonesian legal system allows for a mechanism for pardoning perpetrators of any criminal act. However, he said, that did not mean that the government would definitely grant the pardon.

He explained that based on Article 14 of the 1945 Constitution, the President has the authority to grant clemency, amnesty, abolition, and rehabilitation. Another example is in Article 53k of Law Number 11 of 2021 concerning the Attorney General's Office, the Attorney General has the authority to be able to use peaceful fines in economic crimes.

"As a comparison, we provide an example that the existing law in Indonesia regulates the granting of forgiveness. But once again, it is not necessarily done to release the perpetrators of criminal acts, let alone corruptors," explained Supratman.

Regarding what is currently busy, Supratman said, the government had used a mechanism for pardoning criminal acts related to the economy or state finances, namely in the form of tax amnesty or tax amnesty that had been carried out twice.

The government is currently preparing rules regarding the mechanism for pardoning criminals. The work cabinet is still waiting for further directions from President Prabowo.

"We need regulations related to amnesty, clemency, and abolition to regulate the mechanism for granting forgiveness. We are still waiting for the direction of the President," he said.

Supratman also said that President Prabowo in carrying out the authority regulated by the constitution did not violate Article 55 of the Criminal Code (KUHP).

"Because the President must grant amnesty, clemency, abolition, or any method of pardon will follow the applicable technical rules," he concluded.