The startling revelation (The Jakarta Post, Feb. 21, p. 5) that the Attorney General's Office has an unofficial policy of often allowing graft suspects to walk free and avoid prosecution altogether if they return stolen State moneys in full, simply defies belief.
This unofficial policy effectively amounts to the elimination of substantially all risk for graft suspects. It would seem to suggest that corrupt people can safely embezzle state moneys, secure in the knowledge that the likely worst outcome, even if they are caught, is that they will simply have to return the moneys.
This surely adds new meaning to the usually understood implications of gambling on tossing a coin - in other words, under the Attorney General's approach, the alternative outcomes for the corruptor are now most likely to be "tails, I win" (don't get caught and keep the money), or "heads, I break even" (get caught, return the money and walk free).
What a great gambling opportunity for corruptors!! Almost anyone would be willing to take this "bet"!!
The justification for this novel approach by the Attorney General's Office is said to be the Attorney General's concern for the recovery of state monies.
With great respect to the Attorney General, this stated justification completely ignores what most people would regard as being the primary function of his Office; namely, ensuring the rigorous enforcement of the law (including the laws against corruption) and the efficient prosecution of wrongdoers.
Recovering the proceeds of wrongdoing is something which normally only comes after the prosecution of the wrongdoer.
At most, the willingness of the graft suspect to return all the corrupted State monies should be a court sentencing consideration which may justify reduced jail time. It certainly should not allow the corruptor to avoid prosecution altogether. What can the Attorney General be thinking?
William A. Sullivan
Jakarta
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