Jakarta, The Coordinating Minister for Law, Human Rights, Immigration, and Prisons (Menko Kumham Imipas), Yusril Ihza Mahendra, responded to President Prabowo Subianto’s statement that he would forgive corruptors if they return the proceeds of their corruption.
According to him, this is one of the anti-corruption strategies that emphasizes the recovery of state losses or asset recovery, and is in line with the United Nations Convention Against Corruption (UNCAC) that has been ratified.
“What the President stated is in line with the UN Convention Against Corruption, which we ratified with Law No. 7 of 2006.” Actually, a year after the ratification, we were obligated to adjust our Anti-Corruption Law to the Convention. However, we were late in fulfilling that obligation and are only now wanting to do so,” said Yusril in his statement, Thursday (19/12/2024).
“The emphasis on anti-corruption efforts according to the convention’s regulations is prevention, effective eradication of corruption, and recovery of state losses,” he continued.
Prabowo himself stated that individuals suspected and accused of corruption, and who have been convicted for proven embezzlement, can be forgiven if they consciously return the state’s losses caused by their actions.
Yusril considers Prabowo’s statement to be a reflection of the change in the philosophy of punishment in the implementation of the National Criminal Code, which will be enforced at the beginning of 2026.
“Punishment no longer emphasizes revenge and deterrence for the perpetrators, but rather focuses on corrective, restorative, and rehabilitative justice.” Law enforcement in corruption crimes must bring benefits and result in the economic improvement of the nation and state, not just focus on punishing the perpetrators,” he explained.
Focus on Asset Recovery for the State
“If only the perpetrators are imprisoned, but the assets from the corruption remain under their control or are kept abroad without being returned to the state, then such law enforcement is not very beneficial for economic development and the improvement of people’s welfare.” If they return the money from the corruption, the perpetrators will be forgiven, and the money will go into the state budget to benefit the people,” he continued.
Regarding businesspeople involved in corruption, for example, Yusril said they are allowed to continue their business in a proper manner and not repeat corrupt practices. In this way, the business being pursued will not close down or go bankrupt.
The country also benefits by continuing to receive taxes, having a workforce that is not unemployed, and factories that do not become scrap metal.
Law enforcement in handling corruption, according to him, must be linked to economic development and the improvement of people’s welfare, not just aimed at imprisoning the perpetrators.
Yusril said that Prabowo, as the head of state and government, has the authority to grant amnesty and abolition for any crime, including corruption. As mandated by the constitution, before granting amnesty and abolition, the president will also seek the consideration of the DPR.
The ministers are also ready to provide an explanation to the DPR if the President later sends a letter requesting consideration.
“The President has several authorities related to what he said in Egypt, regarding the handling of corruption cases, namely the authority to grant amnesty and abolition for any crime by prioritizing the interests of the nation and state,” Yusril stated.
Still Being Discussed
As for the Coordinating Ministry for Law and Human Rights, it has been coordinating plans for granting amnesty and abolition for the past month, including for corruption cases.
That step is part of the plan to grant amnesty to a total of 44 thousand prisoners, most of whom are drug-related offenders.
Meanwhile, specifically for prisoners convicted of corruption, there are several conditions being discussed.
“Things that are being coordinated include calculations on how much the refund will be.”
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