ICJR Says Corruption Under Rp50 Million Still Must Be Convicted, Even After Refunding The Money

Attorney General ST Burhanuddin (right) attends a working meeting with Commission III of the DPR at the Parliament Complex, Senayan, Jakarta, Thursday (27/1/2022). BETWEEN PHOTOS/Muhammad Adimaja/wsj

JAKARTA - Perpetrators of corruption with state losses of less than Rp. 50 million are considered to still have to go through a criminal process even though they have made refunds of state financial losses.

"If normatively, actually Article 4 of the Anti-Corruption Law (the Law on the Eradication of Corruption Crimes, ed.) has already regulated, even though there is a return to state financial losses, it still cannot be used as an excuse not to prosecute perpetrators criminally," said the researcher from the Institute for Criminal Justice Reform (ICJR) Iftitah Sari when contacted from Jakarta, reported by Antara, Friday, January 28.

Article 4 of the Anti-Corruption Law states that the return of state financial losses or the state's economy does not eliminate the conviction of perpetrators of criminal acts of corruption. Therefore, although the return of state financial losses is aimed at realizing a fast, simple, and low-cost legal process, Tita considers that this method is not appropriate.

"Perhaps the direction is really aimed at realizing the implementation of the legal process that is fast, simple, and low-cost, but the method doesn't seem right," said Tita.

Tita emphasized that ICJR, in principle, supports the effectiveness of the criminal justice system and the use of alternative punishments other than imprisonment for all types of criminal acts, including corruption if possible.

However, the judicial process, such as investigation to trial evidence, of course must still be in accordance with the due process.

In addition to protecting the rights of the defendant's fair trial, for example to defend himself because there is a principle of presumption of innocence and so on, another purpose of carrying out the legal process is to ensure accountability during the investigation of the case.

"There is a judge's authority to decide whether the perpetrator is guilty or not guilty, to avoid selective discrimination and to ensure that the perpetrators can be punished proportionally," he said. at the trial.

"Until later the judge will determine by considering all the evidence regarding the state losses," said Tita.

He made this statement in response to the statement by the Attorney General of the Republic of Indonesia, Sanitiar Burhanuddin, in the working meeting of Commission III of the DPR RI, Thursday, January 27.

Previously, in a working meeting, Burhanuddin stated that corruption crimes with state financial losses of less than IDR 50 million could be resolved by way of refunding state financial losses.

The settlement by returning state financial losses, said Burhanuddin, aims to realize the implementation of a fast, simple, and low-cost legal process.