Jakarta, President Prabowo Subianto has given corrupt officials a chance to repent and return the people’s stolen money, provided they return the people’s money.
However, the plan was criticized by former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD. According to him, forgiving acts of corruption is the same as violating Article 55 of the Criminal Code.
“Corruption is prohibited.” Who is it prohibited by? obstructing law enforcement, participating in or allowing corruption when they could report it, then cooperating,” said Mahfud MD as quoted on Sunday (22/12/2024).
The issue of corruption in the country is said to have become too complex. Moreover, forgiving corrupt individuals for their actions only dulls the enforcement of anti-corruption measures in the country.
“Actually, it’s very complex; the complications will only worsen the legal world, so be careful,” explained Mahfud.
Previously, Prabowo said that he would forgive the corruptors if they returned the people’s money.
“In these weeks, these months, I am in the process of giving what is it called, giving an opportunity, giving an opportunity for repentance.” “Hey, the corrupt or those who feel they have stolen from the people, if you return what you have stolen, maybe we will forgive you, but return it, okay?” said Prabowo during a meeting with Indonesian students at Al-Azhar University in Egypt, as seen on the Presidential Secretariat’s YouTube channel, Thursday (19/12/2024).
“Later, we will give them a chance to return it quietly so it won’t be discovered, returning it, you know, but returning it,” he said.
Effectiveness Questioned
Coordinator of the Indonesian Anti-Corruption Society (MAKI), Boyamin Saiman, questioned the effectiveness of Prabowo’s statement. He said that corruption is now carried out in clever ways. Even those who are being tried, he said, still claim they are not corrupt.
“Well, how can it be that the corruptors seem to have their hearts taken so that they return the stolen money?” It seems impossible that they would confess and hand over the money to the government as suggested by Mr. Prabowo. Even when they are being legally processed, they still evade,” said Boyamin to Liputan6.com, Friday (20/12/2024).
He explained that, legally, Prabowo’s idea is indeed feasible. However, its implementation would be difficult.
“I am not in a position to support or oppose, but as an effort, it is permissible, because we indeed have to move forward if there are those who repent and return the money, they should be forgiven, it’s fine, no problem, that is a strategy to return the stolen money.” Because if it goes to trial, the maximum restitution is not guaranteed, and we might run out of funds to handle the anti-corruption case and its enforcement,” added Boyamin.
He continued, Article 4 of Law No. 31 of 1999 on the eradication of corruption explicitly states that the return of state losses does not eliminate criminal liability. But, the President through the Prosecutor’s Office can choose not to continue the prosecution.
“That has discretionary power according to the government, if the Attorney General’s Office allows deponering, that is still possible.” If it is known that they committed corruption with malicious intent, it is already evident from their mens rea, so to speak, it is not forgiven. But if they only made procedural mistakes or anything related to civil matters, it is actually difficult, because in the case of corruption, there is definitely malicious intent involved. But, there are still some cases that are later declared civil acts. It means the item is returned,” said Boyamin.
Worth a Try
Former investigator of the Corruption Eradication Commission (KPK) Yudi Purnomo Harahap believes there is nothing wrong with President Prabowo Subianto’s statement, because it is an idea.
According to him, given the current deadlock in eradicating corruption, ideas such as the possibility of an amnesty in exchange for returning embezzled funds and imposing penalties should certainly be tried as a breakthrough. Moreover, corruption is an extraordinary crime.
Of course, this idea will be implemented with applicable terms and conditions. For example, they must be honest, admit their wrongdoing, expose larger corruption schemes, and most importantly, not be the main perpetrator.
“The fact that the fight against corruption in Indonesia is currently disheartening, the KPK is also experiencing weakening, while on the other hand, the Prosecutor’s Office is achieving good results and the police have their own institutions.”
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