Facing Death Penalty Threat

KOMPAS/ALIF ICHWAN

National Civil Service Agency (BKN) head Bima Haria Wibisana (left), Home Minister Tjahjo Kumolo (second left), KPK chair Agus Rahardjo (second right) and Bureaucratic Reform Ministry secretary Dwi Wahyu Atmaji link hands during a press conference on law enforcement in state bodies on Tuesday (4/9/2018) at the Corruption Eradication Commission (KPK) in Jakarta. Top officials from the Home Ministry, the Bureaucratic Reform Ministry and the KPK held a closed-door meeting prior to the press conference.

The Home Ministry’s records show that 2,357 civil servants have been convicted of corruption: They retain their civil servant status.

Civil servants who are former corruption convicts should have been dishonorably dismissed in accordance with Law No. 5/2014 on the state civil service and Government Regulation No. 11/2017 on civil servant management. However, the reality is that 2,357 civil servants convicted of corruption are still enjoying their salaries and facilities from the state, and some are even active in the government.

Home Minister Tjahjo Kumolo intends to reprimand the regional heads that still employ civil servants convicted of corruption (Kompas, 5/9/2018). Continuing to employ civil servants who should have been dismissed is not only maladministration, but also detrimental to state finances.

Referring to the lowest 2018 minimum wage in the country, which is Rp 1.5 million per month in Central Java and Yogyakarta, the state incurs Rp 3.53 billion per month in financial losses from paying the salaries civil servants who should have been dismissed. The state’s losses could be even greater, because several former corruptors are earning more than Rp 1.5 million per month as civil servants and have retained their regional post for more than a month after they were convicted under a legally binding and permanent decision.

Former corruption convicts still holding civil servant status – or even holding active positions – is not a new issue. About six years ago, this daily reported that 153 convicts, particularly those convicted of corruption, were still working as civil servants and some had even been promoted to positions of level II officials in provincial or regency/municipal administrations (Kompas, 6/11/2012). The government responded to the news by revoking these promotions, but it turns out that some corruption convicts are still employed as civil servants today. Their number has even swelled.

The central and local governments need not wait for technicalities before dismissing civil servants who have been convicted of corruption. The regulations are clear that civil servants convicted of corruption or other crimes must be dismissed dishonorably under the Civil Service Law. Dismissing them would also save these convicted civil servants from the death penalty.

Article 2 Paragraph (2) of Law No. 31/1999 on eradicating corruption crimes states that the death penalty can be imposed in cases of corruption committed under certain circumstances. Clarification to Paragraph (2) says that "certain circumstances" is to be determined per case, such as if the corruption was committed while the state was in danger, during a national natural disaster or during an economic or monetary crisis, or if it was a repeat crime.

Natural disasters occur frequently in the country. The country It can be said that the country is currently experiencing a financial crisis due to the rupiah’s continuing depreciation. If the former corruption convicts hold active civil servant positions, they could repeat the corruption. If this happens, they can be sentenced to death.

Therefore, it is better to immediately dismiss all civil servants who have been convicted of corruption. Alternatively, they should be self-aware and withdraw from the civil service.