By: Sumanto – Founder & Managing of Lentera Hukum Indonesia

Efforts to eradicate corruption continue to be carried out with various efforts and efforts, although the direction cannot be clearly determined. Along with the fall of President Soeharto’s regime, the issue of corruption remains a hot issue to be brought up in winning the hearts of the people in the journey of reform. The benchmark for eradicating corruption was again carried out by changing Law No. 3 of 1971 to Law No. 31 of 1999 (Regarding the Eradication of Criminal Acts of Corruption), but again the public was disappointed when the new law without stipulating transitional regulations. Until the end of the law, which is still very young, it must also be amended with new provisions through Law no. 20 of 2001 concerning Amendments to Law No. 31 of 1999 (Regarding the Eradication of Criminal Acts of Corruption).

The difficulty of overcoming corruption can be seen from the large number of acquittals of defendants in corruption cases or the minimum amount of punishment borne by the accused that is not commensurate with what he did. This is very detrimental to the country and hinders the development of the nation. If this happens continuously for a long time, it can negate a sense of justice and a sense of trust in the law and legislation by citizens. The problem of corruption is a national problem that is not simple. There are several factors that allow this to happen, at least because the actors who commit criminal acts of corruption are people who have a lot of money and wide networks. So when they are involved in the law, they will use their money and power to avoid or buy the law.

Corruption is rampant in various fields and layers. From generation to generation, from regime to regime, corruption is difficult to eradicate even more deeply rooted and carried out on a massive scale. Legal institutions are established, ideally capable of eradicating corruption from downstream to upstream. The adhock institution, namely the Corruption Eradication Commission (KPK) was also formed and was born from the spirit of a country free from corruption, but this country still cannot be separated from corruption.

And strategies to eradicate corruption through various strategies such as:

  1. Preventive Strategy (prevention)
  2. Detective Strategy (investigation)
  3. Repressive Strategy (criminal punishment)

From these various strategies, the repressive strategy (criminal imposition) for the perpetrators of corruption is one of the choices of several strategies in eradicating corruption.

In 2014, ICW has monitored 191 corruption cases with 219 defendants who have been decided by the Court, both at the first level, appeal, cassation, and review (PK). Of the 191 corruption cases, 196 defendants (88.4%) were found guilty or proven to be corrupt and 8 defendants (3.6%) were acquitted or acquitted by the court, and a total of 15 defendants could not be identified. . Of all the guilty verdicts for corruptors, the three most dominant sentences were 2 years in prison (34 defendants), 1 year (32 defendants), 1 year 6 months (23 defendants). The average sentence for corruptors during the second semester of 2014 was 31 months or 2 years and 7 months in prison. This is very detrimental to the state and hinders the development of the nation. If this happens continuously for a long time, it can negate the sense of justice and a sense of trust in the laws and regulations by citizens.

The provisions for imprisonment and capital punishment are clearly stated in the sound of Law No. 31 of 1999 (Regarding the Eradication of Corruption), precisely in Article 2 paragraph (1) and paragraph (2).

(1) Any person who unlawfully commits an act of enriching himself or another person or a corporation that can harm the state’s finances or the state’s economy, shall be punished with imprisonment for life or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty) years. twenty) years and a fine of at least Rp. 200,000,000.00 (two hundred million rupiah) and a maximum of Rp. 1.000.000.000,00 (one billion rupiah).

(2) In the event that the criminal act of corruption as referred to in paragraph (1) is committed under certain circumstances, the death penalty may be imposed.

Article 2 paragraph (2) of Law No. 31 of 1999 (Regarding the Eradication of Criminal Acts of Corruption) which regulates the death penalty for a perpetrator of a criminal act of corruption, in fact has never been applied, because certain conditions are not fulfilled by the corruptor. This indicates that, apart from the repetition of criminal acts, the imposition of the death penalty on corruptors can only be carried out if the country is in an “extraordinary” condition, namely the country is in a state of danger in accordance with applicable laws, a national natural disaster is occurring, or when the country is in a state of economic and monetary crisis.

An unusual condition, the parameters of which require a long debate.

Can be sentenced to death for any person who unlawfully commits an act of enriching himself or another person or a corporation that can harm state finances or the state economy as stipulated in Article 2 paragraph (2) of Law Number 31 of 1999 which is carried out in “certain circumstances”. “is a burden for perpetrators of corruption.

Although legally, the application of the death penalty has been regulated in Law No. 31 of 1999 (Regarding the Eradication of Criminal Acts of Corruption), but in practice until now there has never been a perpetrator of a criminal act of corruption who was sentenced to death, both in prosecution and up to a verdict. permanent legal force (incraht).

Indonesia should be able to look in the mirror in China in law enforcement against corruptors, in China there is no mercy for corruptors, even Cheng Ke Jie vice chairman of the Chinese Parliament was sentenced to death, Ju Rongji Premier of China a few years ago said “prepare thousands of coffins for corruptors, but also prepare a coffin for me, if I am also corrupt, I am ready to be sentenced to death.” Ju Rongji’s words should inspire Indonesian leaders to be firm in eradicating corruption indiscriminately. In this way, corruption can be suppressed, eradicated and minimized.

This opinion piece was written by Sumanto, Founder & Managing of Lentera Hukum Indonesia. This article is the author’s personal opinion and does not represent the views of the editors of Yuris Muda Indonesia.