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NGOs submit draft on graft bill to House
Several NGOs on Thursday handed over to the House of Representatives their draft on the Corruption Crime Bill saying the government’s draft would weaken corruption eradication efforts in the country
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Several NGOs on Thursday handed over to the House of Representatives their draft on the Corruption Crime Bill saying the government’s draft would weaken corruption eradication efforts in the country.
“We see there are many flaws in the government version of the Corruption Crime Bill, which we are afraid will weaken corruption eradication efforts,” Indonesia Corruption Watch (ICW) coordinator Emerson Yuntho said Thursday when meeting with member of the House’ legislation body Motamimmul Ula.
“Therefore ICW and several other NGOs have drafted our own version of the bill for comparison.”
The NGOs include Indonesia’s Judiciary Supervisory Community (Mappi), Jakarta Legal Aid Foundation (LBH), National Consortium for Legal Reform (KRHN), Indonesia Legal Resource Center (ILRC),
Independent Institution and Advocacy for Independent Judicature (LeIP) and Indonesia’s Center for Legal and Policy Study (PSHK).
The Corruption Crime Law is an obligation after Indonesia signed the United Nations Convention Against Corruption (UNCAC) in 2003. The House passed in 2006 a law on UNCAC ratification.
So far Indonesia has two graft-related laws: the 2001 Anti-Graft Law and the 2002 Law on the Corruption Eradication Commission (KPK).
“So this Corruption Crime Bill is instructed by the UNCAC ratification law,” Emerson said.
He revealed there were at least 20 problems in the government version of the bill allegedly not supportive of graft eradication drives.
Emerson said the government draft did not stipulate the minimal sentence allowing judges to issue lenient or even probationary sentences for corruptors.
The NGOs include minimum and maximum sentences in their draft and did not include probation.
Emerson also said the government draft stipulated that corruptors embezzling less than Rp 25 million (US$2,435) and who had returned the money to the state could avoid criminal charges.
“The article should be removed because all [corruption] criminal actions, no matter how much the value is should be sentenced and returning state loses should not eliminate their criminal actions.”
The government version also did not stipulate anything about substituting state losses. which allowed for the possibility the state might not get the embezzled funds back.
Emerson also pointed out an article stipulating the KPK is only authorized to investigate and not prosecute corruptors.
KPK limitation is strengthened by Article 31 of the government draft bill stipulating that prosecution and hearing of corruption cases to be conducted according to Criminal Procedure Code Law.
“There lies the problem; Criminal Procedure Code Law says the National Police are responsible for investigation, while the Attorney General’s Office is responsible for prosecution,” ICW researcher Febri Diansyah said.
“The bill contradicts the 2002 KPK law which authorizes the commission to investigate and prosecute suspects.”
Febri added this made it possible for the KPK to be sued using the basis that the bill did not stipulate KPK authority to prosecute.
Motamimmul said he and other members at the House’ legislation body would evaluate substances of the NGOs’ version of the bill carefully.
“I personally agree with all effective efforts to eradicate corruption but I cannot promise you if there will be political will to finish this bill in the current House term.”
