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n an attempt to further deter corruption, the Corruption Eradication Commission (KPK) has been urged to consistently require graft convicts to return all the money they amassed from their unlawful activities.

“People commit corruption to get wealthy. Therefore, confiscating their assets is one of the best deterrents,” criminal law expert Gandjar Laksmana of the University of Indonesia told the press in Jakarta on Friday.

He was commenting on the trial of Democratic Party politician Angelina Sondakh on Thursday.

Prosecutors are demanding the court to hand down a 12-year prison sentence to her and compel her to return the money she received to the state.

At the trial, the prosecutors used Article 18 of the 1999 Anticorruption Law which allows the court to order the confiscation of assets obtained from illicit practices.

In Angelina’s case, the former beauty queen could be asked to return more than Rp 33 billion (US$3.41 million) she received as kickbacks.

The prosecutors are hoping 12 years in prison for Angelina, saying that as a member of the House’s budget committee she had also violated Article 12 by accepting a gratuity from a company in exchange for securing budget allocations for programs at two ministries in 2010.

Gandjar added that people who commit graft were not afraid of being locked up in prisons since the court did not confiscate their wealth.

“They think they must steal as much as possible and enjoy the money later after they serve the a couple of years in jail,” he said.

Although Angelina did not steal the state’s money, Gandjar said, she should realize she could not receive gratuities related to her position as a lawmaker.

“This is the doctrine in anticorruption campaigns and combattining money laundering: State officials must not receive anything for their public duties,” he said. “They are already paid for their services.”

Donal Fariz, an anticorruption activist from the Indonesia Corruption Watch, agreed. “Although there was no state money involved in Angelina’s case, KPK can use Article 18 as long as the money came from a corruption. Article 18 stipulates it,” he said.

He added that the effectiveness of the anticorruption fight was measured by how much money was recovered, not imprisonment of convicts.

KPK spokesman Johan Budi said the prosecutors’ demand for confiscation of Angelina’s wealth and a 12- year jail sentence was based on the argument that the money Angelina received was supposed to be used to fund programs in 16 universities.

The measure is in line with United Nations Convention against Corruption (UNCAC) provisions.

The KPK previously imposed Article 18 for its deterrent effect. “However, how effective the implementation of the article is, depends on the judges,” he added.

In March, the Jakarta Corruption Court ordered Ridwan Sanjaya, a former official from the Energy and Mineral Resources Ministry, to pay Rp 13.1 billion in restitutions to the state for rigging a tender bid for a home solar energy project in 2009 worth Rp 526 billion.

Ridwan was sentenced to six years in prison when found him guilty of accepting Rp 14.6 billion. The court ordered Ridwan to pay a fine of Rp 250 million or serve an additional three months.

Gandjar, however, warned the commission to be extremely cautious in imposing assets forfeiture.

“They have to be sure that the assets they confiscate are indeed from corruption,” he added.