Carelessness in Fighting Corruption

Kompas/Wawan H Prabowo (WAK)

Former Maritime Affairs and Fisheries Minister Edhy Prabowo leaves the Kuningan Corruption Eradication Commission (KPK) Building, Jakarta, Monday (22/2/2021). He is accused of accepting bribes related to the export license for lobster seeds worth Rp 3.4 billion.

The decision of the Supreme Court (MA) against former maritime affairs and fisheries minister Edhy Prabowo shows the permissiveness on the part of the nation’s elite towards corruption.

The MA Cassation Council, chaired by Sofyan Sitompoel, Gazalba Saleh, and Sinintha Yuliansih Sibarani, reduced the sentence of the former Gerindra Party politician from nine to five years. The ban on Edhy from exercising his political rights was reduced from three to two years.

It seems the nation’s elite have started to lose their strength and energy in fighting corruption. Ever since the Corruption Eradication Commission (KPK) was weakened, the institution now has ethical and moral flaws. The judiciary seems to approve of the trend to weaken the efforts to eradicate corruption.

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No party elite can be heard speaking about the war against corruption. No voice of the elite has been raised on the campaign stage to declare that corruption had entered the level of stage four cancer. The elite are even eager to start a discourse on postponing the 2024 general elections.

According to the council, the former fisheries minister had given great hope to fishermen, and this was worthy of reducing his punishment.

The true threat to this nation is, in fact, endemic corruption! In the midst of this mystical situation, the Cassation Council made a surprising decision. According to the council, the former fisheries minister had given great hope to fishermen, and this was worthy of reducing his punishment.

KOMPAS/ALIF ICHWAN

Janitors clean the main lobby of the Corruption Eradication Commission (KPK) building in Jakarta on Monday, June 18, 2018.

"The defendant worked well and gave great hope to the community, especially fishermen." The court seemed blind to where Edhy's money had flowed: To buy land, rent apartments, and buy luxury goods.

The consideration that he had “worked well” is absurd! It is paradoxical. As a matter of fact, the Appellate Council – Haryono (chair), Mohammad Lutfi, Singgih Budi Prakoso, Reny Halida Ilham Malik, and Anton Saragih – in their consideration even increased the penalty. On 12 Nov. 2021, the Appellate Council stated: "The defendant was a minister who supervised the Maritime Affairs and Fisheries Ministry by easily instructing his [staff] to do deviant and dishonest things."

Edhy had damaged the existing operational procedures that had been applied and maintained well. "The defendant broke the rules or procedural order in his own ministry," said a justice of the Appellate Council.

Minister Edhy worked well, according to the MA, or minister Edhy had damaged the institutional order, broke the rules, and was easily an example of a deviant actions for his men, according to the Appellate Council.

These are the legal facts that must be respected. It had not even been six months since the council’s ruling was read out when the MA panel of judges changed the legal consideration in a diametric way. The cassation ruling must be examined as to which argument better upholds community justice. Minister Edhy worked well, according to the MA, or minister Edhy had damaged the institutional order, broke the rules, and was easily an example of a deviant actions for his men, according to the Appellate Council.

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The disparity in the justices’ consideration was influenced by their ideologies on law enforcement. Eradicating corruption requires a fighting, altruistic commitment to the fate of the people who have suffered as well as responsibility for future generations. It should not favor the perpetrators of corruption who are said to have done good! Look at the victims. Realign the sense of justice, because the law is not simply a matter of legal articles.

(This article was translated by Hyginus Hardoyo).