President Prabowo Subianto delivered a speech to Indonesian students studying in Egypt (Dec. 18) regarding his desire to grant amnesty to corruptors on the condition that they return state assets.
Responding to this, Yuris Rezha Darmawan, a researcher at the Center for Anti-Corruption Studies (Pukat), UGM Faculty of Law, said that while Prabowo’s intention seems well-meaning, its implementation requires a precise approach.
This is because corruption has distinct patterns and characteristics; thus, its eradication must align with these traits.
“Instead of granting amnesty, the state should focus on creating deterrents so that offenders do not repeat their crimes,” Darmawan stated on Friday (Dec. 27).
According to him, most corruptors act with economic motives, so they must face effective deterrents, such as impoverishment and asset confiscation from corruption proceeds. He emphasized that the state must ensure these assets are truly returned to the nation.
Darmawan proposed several strategies for the government as alternatives to granting amnesty to corruptors.
First, the president should encourage law enforcement to follow the money trail from corruption rather than focusing solely on prosecuting offenders. By tracking these assets, the state can more easily confiscate the proceeds of crime to restore them as state assets.
He noted that the proceeds of corruption are often not stored as cash but converted into other assets, such as investments, or registered under other people’s names.
“Moreover, every corruption case should include articles from the Anti-Money Laundering Law alongside articles from the Anti-Corruption Law. Unfortunately, this approach has not been widely implemented,” he explained.
Darmawan also emphasized the importance of optimizing the collection of court-ordered restitution payments. Many convicted corruptors have been ordered to pay restitution yet have not fulfilled their obligations.
“Based on the latest annual report from the Attorney General’s Office that I’ve read, there are tens of trillions of rupiah in unpaid state debts. The president must urge the Corruption Eradication Commission (KPK) and the Attorney General’s Office to ensure corruptors pay these restitution amounts,” Darmawan emphasized.
Finally, Darmawan suggested a policy step to strengthen anti-corruption efforts in Indonesia: passing the Asset Confiscation Bill, which would enable the state to confiscate illicit gains from corruption more easily.
Darmawan also urged the revision of the Anti-Corruption Law to include provisions on illicit enrichment.
“This article would allow the state to examine public officials whose wealth is disproportionate to their income. If they cannot prove the origins of their wealth, the state can seize it,” said Darmawan.
In addition to policy changes, Darmawan highlighted the need to improve law enforcement. He criticized the current state of law enforcement, including the KPK, for being ineffective in their duties.
“The KPK, once expected to be at the forefront of corruption eradication, has now lost its edge. Reform within the KPK, the police, and the Attorney General’s Office is essential. The president must ensure the integrity of law enforcement officers and strengthen the legal system,” he stressed.
Concluding his statement, Darmawan emphasized that eradicating corruption requires a serious commitment if President Prabowo truly wants to achieve it.
“Our country is a state governed by law. Therefore, the government’s actions must be constructed into public policies, not merely speeches or verbal commitments,” he concluded.
Author: Bolivia
Editor: Gusti Grehenson
Post-editor: Afif
Photo: Freepik