TEMPO.CO, Jakarta - The nation`s struggle against corruption continues to be put to test.
Last week, the Indonesia Corruption Watch (ICW) reported that in the period January-June 2016 the majority of convicted graft criminals only receive an average of 2 years and 1 month in prison.
The ICW also proposed that the Supreme Court made the guidelines for courts that prosecute cases of corruption in order to assess the similarity of stand in corruption cases.
It seems that mild punishment was about to be made milder again by former Coordinating Minister for Political, Legal and Security Affairs Luhut Binsar Pandjaitan.
Two days before he was removed from his position, he said the government is reviewing a policy so that graft convicts are sent to prison, but they simply have to return the stolen money, plus a penalty and is dismissed from his post.
Luhut’s reason is absurd: the prison will be full of criminals.
The second reason, he added, the prison does not provide a deterrent effect for corruptors.
The government is serious about the plan.
Luhut claims he has formed a special team to review the issuance of a government regulation in lieu of law about this.
Big names in the field of law are included as the team member.
This absurd plan is certainly has to be rejected.
Corruptors should feel the cold floor of the prison as a result of their crimes.
Luhut’s logic regarding the lack of deterrent effect can be broken by way of aggravating the sentence; for example through the extension of penalty or confiscation of assets.
Besides, we have the available instruments, namely the Law on Money Laundering.
The problem of prisons that are full should also not be used as an excuse because this problem is a chronic problem that can only be solved by increasing the number of prisons and improving their human resources.
This solution does not only dismiss Luhut’s concerns that the prison would be flooded with criminals, but will also improve the overall condition of the prisons.
Besides blurring the line between criminal and civil actions, the abolition of prison sentences for graft criminals will make Indonesia look strange in the eyes of the world.
In any country, corruptors must be put in prison, indemnify the state’s money, and pay fines.
Without swift punishment for corruptors, the government and the judiciary system will only give the impression that corruption is a common crime.
In fact, if Luhut’s logic is used, criminals are like gamblers who are unlucky. If not caught, the money will be obtained. If caught, the money will float.
No more than a gamble, no longer frightening.
In other times, the same corruptors will potentially repeat the same crimes as well.
Eventually, corruption is no longer regarded as an extraordinary crime, which indirectly kill millions of human beings, but merely a "mischief" because of the lenient punishment.
We hope Wiranto, who is currently Coordinating Minister for Political, Legal and Security Affairs, will be wiser than its predecessor.
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