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To fight graft, can we shame the shameless?

Public shame or inhumane punishment?: Two men wearing placards that read “I am a pickpocket” stand at Manggarai Train Station in Jakarta on Aug

Ina Parlina and Hans Nicholas Jong (The Jakarta Post)
Jakarta
Fri, September 30, 2016

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To fight graft, can we shame the shameless?

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span class="inline inline-center">Public shame or inhumane punishment?: Two men wearing placards that read “I am a pickpocket” stand at Manggarai Train Station in Jakarta on Aug. 8 after being caught by the police. The government is planning to widen the use of public shaming as a punishment and begin releasing the photos of corrupt officials.(Courtesy of kompas.com/Nibras Nada Nailufar)

As prison sentences and hefty fines have failed to deter people from corruption in the country, legal experts have mulled on introducing social sanctions for graft convicts.

But can Indonesians really be shamed?

Erika Widyaningsih, a netizen who was involved in #SaveKPK, a campaign supporting the national antigraft body during a standoff with the police in early 2015, says shaming convicts could work since the shame of receiving social punishment publicly might discourage them from repeating the crime.

“For instance, having the authorities officially publish the names of those found guilty of graft in newspapers and distributing the announcement to local administrations’ offices would allow people from across the country access to [this information],” Erika said, adding that such a move would help educate people wanting to use their democratic right to vote in elections.

The idea of imposing social sanctions reached new heights as a number of renowned legal experts and antigraft activists suggested it to President Joko “Jokowi” Widodo during a dialogue at the Palace last week. The proposed sanctions include putting convicts in flashy-colored uniforms and slapping them with forced labor on public works like daily street maintenance and sweeping.

Former Constitutional Court justice Harjono, who was among Jokowi’s guests that day, said such social punishments could serve as a more effective tool to deter graft convicts as those who attended the dialogue agreed that imprisonment had yet been successful in rooting out corruption.

The idea of shaming graft convicts is actually not new and has been voiced in recent years. Even a call to have Muslim clerks not perform prayer for deceased graft convicts, as a form of social sanction, surfaced five years ago. In 2008, the Finance Ministry once initiated a plan to impose social sanctions, in which officials caught receiving bribes had to apologize by reading aloud a statement of regret before all Finance Ministry officials.

However, no concrete regulations have been issued to actually shame corruption convicts, where some--who have not had their political rights revoked--have still been able to run in elections to become or regain legislative or regional head positions, after completing their sentences.

Social sanctions have actually been implemented by state-owned train operator PT KAI Commuter Jabodetabek (KCJ) to discourage crime. Pickpockets on trains, for example, who are directly caught by security personnel, have their shirts stripped and must stand in a crowded train station with “I’m a pickpocket” signboard hanging on their chest.

Lawyer Maqdir Ismail, who on several times has represented graft convicts, expressed his support for imposing forced labor on graft convicts. “A [convicted corrupt] public official must be ashamed with his or her punishment like sweeping the street,” he said.

But, not everyone finds the idea sufficient, as Gadjah Mada University sociologist Sunyoto Usman believes that social sanctions will not be enough to deter corrupt people because in general they are individuals who have no shame and are permissive of corruption.

“How can you make someone ashamed if they already have no shame?” Sunyoto said. “What will happen is that people will only think how can someone be so stupid to get caught in a graft case? People will [then] think that those who commit corruption but don’t get caught are clever people.”

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