Optimize Existing Regulations

KOMPAS/ALIF ICHWAN

Former House speaker Setya Novanto waves to photographers as he is ushered by Corruption Eradication Commission (KPK) officials to a car that took him to Sukamiskin penitentiary in Bandung, West Java, on Friday (4/5/2018).

JAKARTA, KOMPAS – Law enforcement agencies must optimize the enforcement of regulations in an effort to eradicate corruption. Using money laundering and asset expropriation laws are deemed to be an alternative in optimizing the retrieval of state money stolen in corruption cases.

This is important because, as shown by Indonesian Corruption Watch (ICW) data, state losses from corruption last year reached Rp 29.4 trillion (US$2.12 billion). However, the total amount of restitution in court rulings in corruption cases was only Rp 1.4 trillion, a meager 4.91 percent of the total state losses caused by corruption.

The Corruption Eradication Commission (KPK) is currently looking into the possibility of using money laundering laws against former House of Representatives speaker Setya Novanto who was recently sentenced to 15 years in prison for his involvement in e-ID procurement corruption.

On Friday, KPK deputy chairperson Saut Situmorang said money laundering laws should be used carefully. “We need to differentiate what part [of the convict’s wealth] belongs to the government and what part belongs to the convict. Once we are certain, we will go ahead,” he added.

In the e-ID corruption case, Novanto was sentenced to 15 years in prison and was ordered to pay Rp 500 million in fines and $7.3 million in restitution. This was nothing compared to state losses, which amounted to Rp 2.3 trillion.

Novanto, who was transferred from the KPK detention center in East Jakarta to the Sukamiskin penitentiary in Bandung, said he was ready to serve his sentence.

The penitentiary houses a number of other corruption convicts, including former Regional Representatives Council (DPD) speaker Irman Gusman, former Constitutional Court (MK) chief Akil Mochtar, former constitutional justice Patrialis Akbar, former Democratic Party chairman Anas Urbaningrum and former Democratic Party treasurer M Nazarudin.

Not all

Currently, the KPK is using money laundering laws in some corruption it is investigating. KPK data shows that out of 450 investigations it has handled between 2012 and this year, money laundering laws were used in 24 of them. The KPK only began using money laundering laws in corruption cases in 2012 as the regulation providing it with the relevant authority was only issued in 2010, namely Law No. 8/2010 on money laundering prevention and eradication.

Generally, money laundering investigations conducted by the KPK take a long time. The investigation of corruption convict Tubagus Chaeri Wardana, the younger brother of former Banten governor Atut Chosiyah (another corruption convict), has been going on for four years.

Meanwhile, the investigation of former North Jakarta District Court official Rohadi has been going on for around two years. Dossiers of the two investigations have yet to be submitted to court.

KPK spokesman Febri Diansyah said using money laundering laws might increase the amount of restitution in corruption cases. However, implementing the laws is not easy because investigators need to be detailed and careful.

University of Indonesia criminal law lecturer Akhiar Salmi said optimizing restitution of state losses could also be done by filing a lawsuit on behalf of the state against corruptors.

“With a civilian law approach, we can file lawsuits. Civilian lawsuits recognize material and non-material losses. Corruption is not only about the amount of state money stolen, but also the adverse effect it may cause,” he added. “For instance, losses caused by corruption on road infrastructure projects are not only about the amount of money stolen, but also the subsequent state burden of having to repair the road periodically.”

Through law enforcers’ diligence and breakthroughs, Akhiar said, existing regulations could be optimized to increase the amount of restitution.

House Commission III deputy chairperson Mulfachri Harahap said the possibility of revocation of political rights would also make politicians rethink their plans to be corrupt. Such a revocation will effectively be the end of politicians’ hard-won career and network of power.

(REK/GAL/AGE/RTG/IAN)