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Jakarta Post

Supreme Court sets out graft sentences

Galih Gumelar (The Jakarta Post)
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Jakarta
Thu, August 6, 2020

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T

he Supreme Court has issued a new regulation that encourages judges to sentence those found guilty in high-profile corruption cases that cause massive state losses to life in prison, in a move designed to eliminate years of inconsistent sentencing by the judiciary.

The court issued on July 24 a set of guidelines for punishing graft convicts, which are laid out in Supreme Court Regulation (Perma) No. 1/2020.

The new regulation provides pointers for determining the appropriate punishment for those found guilty of misappropriating state funds for personal gain, as stipulated in Article 2 of the 2001 Corruption Law.

Judges are also advised to hand down appropriate sentences for those convicted of abuse of power or position, as stated in Article 3 of the Corruption Law.

Those accused of violating Article 2 of the law can face between four- and 20-years’ imprisonment, as well as fines ranging from Rp 200 million (US$14,285) to Rp 1 billion, while those found guilty of violating Article 3 will face one to 20 years’ imprisonment and fines of Rp 50 million to Rp 1 billion.

Prior to the regulation, Indonesian corruption court judges often used their own criteria and standards for issuing sentences to graft convicts. With the new set of guidelines, they are expected to mete out punishment based on the size of state losses incurred from the wrongdoing.

Judges must consider handing down the harshest sentence if defendants cause state losses amounting to more than Rp 100 billion, and hand down the minimum if state losses fall between Rp 200 million and Rp 1 billion under Article 2 or less than Rp 200 million under Article 3.

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