Providing a Deterrent Effect on Corruptors, the President Urges to Immediately Ratify the Asset Confiscation Bill

President Jokowi emphasized that it is urgent to pass the Asset Confiscation Bill because prison sentences have not provided a deterrent effect for corruptors.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Beri Efek Jera Koruptor, Presiden Desak Segera Sahkan RUU Perampasan Aset

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

President Joko Widodo gave a speech during the commemoration of World Anti-Corruption Day (Hakordia) at the Istora Senayan, Gelora Bung Karno, Jakarta, on Tuesday (12/12/2023). President Jokowi believed that imprisonment did not deter corrupt individuals.

JAKARTA, KOMPAS – President Joko Widodo has again urged that the Draft Law on Confiscation of Assets Proceeds of Crime that has been proposed by the government to the House of Representatives be immediately discussed and passed into law. These regulations are not only needed to recover state losses but also provide a deterrent effect for corruptors.

"In my opinion, the Criminal Asset Seizure Law is important to be resolved immediately because it serves as a mechanism for the return of state losses and to provide a deterrent effect," said President Joko Widodo in his speech at the World Anti-Corruption Day commemoration at Istora Senayan, Gelora Bung Karno, Jakarta, on Tuesday (12/12/2023)."

President Jokowi believes that prison sentences do not deter corruptors. Therefore, it is necessary to strengthen regulations, including by establishing a Law (UU) concerning Confiscation of Assets Related to Criminal Acts and a Law concerning Restrictions on Currency Transactions.

Also read: The Asset Confiscation Bill Could Be a Stumbling Block

The President has proposed a joint discussion on the Asset Confiscation Bill to the DPR on May 4, 2023. However, until now, the DPR has not followed up on the proposal for joint discussion on the Asset Confiscation Bill. Even the DPR leadership has not announced the Presidential letter (surpres) containing the proposal of discussion on the Asset Confiscation Bill in a plenary meeting.

President Joko Widodo beats drums during the commemoration of World Anti-Corruption Day (Hakordia) at Istora Senayan, Gelora Bung Karno, Jakarta, Tuesday (12/12/2023).

The President hopes that the DPR can immediately follow up on the proposal and discuss it with government representatives. This is because the existence of the Asset Confiscation Law is urgent to provide a deterrent effect on corruption and the effectiveness of eradicating corruption.

Another important regulation to support the eradication of corruption, according to the President, is the Law on Limitation of Cash Transactions. "Then there's the Law on Limitation of Cash Transactions which promotes the use of banking transfers, making everything more transparent and accountable," said the President.

Incredible crime

When starting his speech, the President reminded that corruption is an extraordinary crime that impedes development and can damage the nation's economy and cause suffering for the people. So far, too many Indonesian officials have been arrested and jailed for corruption cases. "There is no other country that arrests and jails as much as our country in Indonesia," he said.

The Asset Seizure Criminal Act is important to be resolved immediately because it is a mechanism for recovering state losses and providing a deterrent effect.

The former Governor of Jakarta stated that from 2004-2022, there were 344 leaders and members of DPR and DPRD, including the chairman of DPR and also the chairman of DPRD, who were imprisoned for proven corruption. In addition, there were also 38 ministers and heads of institutions, 24 governors, and 162 regents/mayors who were sentenced for corruption.

Not only officials in the executive and legislative branches, but corruption also occurs in the judiciary branch. The President noted that there are 31 judges, including constitutional judges, who have been imprisoned for proven corruption.

"There are also eight commissioners, including KPU, KPPU, and KY. And there are also 415 from the private sector and 363 from bureaucracy. Too many, far too many. Once again, find another country that incarcerates its officials as much as Indonesia," said President Jokowi."

Total evaluation

The president once asked whether with so many officials already imprisoned, corruption could stop or decrease. Shortly after, the president answered the question himself, namely that until now many corruption cases are still found.

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

President Joko Widodo was caught on camera attending the World Anti-Corruption Day (Hakordia) commemoration at Istora Senayan, Gelora Bung Karno, Jakarta, on Tuesday (12/12/2023).

"This means we need to evaluate the total. I agree with what the Chairman of KPK said. Education, prevention, action, yes. But this is something that really needs to be completely evaluated. Again, does a prison sentence act as a deterrent? "It turns out not," said President Jokowi.

This is because corruption is becoming more sophisticated and complex, even crossing borders and jurisdictions, and utilizing cutting-edge technology. "Therefore, we need a more systemic and massive joint effort, utilizing the latest technology, to prevent corruption," he said.

Indonesia also needs to strengthen its prevention system, including improving the quality of human resources of law enforcement apparatus, procurement systems for goods and services, licensing systems, internal monitoring systems, and so on.

"There have been many platforms that we have created. For example, e-catalog, when I first joined there were only 50,000 items included. Now, this morning I received a report from the head of LKPP, that 7.5 million items have been uploaded to the e-catalog. A very fast leap," said President Jokowi.

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

Artistic performances were showcased at the commemoration of World Anti-Corruption Day (Hakordia) at Istora Senayan, Gelora Bung Karno, Jakarta, on Tuesday (12/12/2023).

Online single submission (OSS) which ensures that entrepreneurs do not meet officials is also considered very helpful. Likewise, the one map policy, which is only 60-70 percent complete and is targeted for completion in 2024, will really help protect people from corruption.

President Jokowi said that online tax is also very good. Likewise, electronic certificates, which are all made into platform applications, are also good for guarding against corruption.

"Earlier, the Chairman of the Corruption Eradication Commission (KPK) also mentioned the prevention of the National Logistics System (SIPD), let's compare what we have improved before and after this. Simbara for coal will then enter nickel, bauxite, copper, I think this will allow us to control how much of our natural resources have been exploited, exported, and so on," he said.

Also Read: KPK Reminds that Digitalization Can Prevent Corruption and Create Low Costs

Previously, the interim Chairman of the Corruption Eradication Commission (KPK) Nawawi Pomolango stated that several indicators show that the eradication of corruption in Indonesia is less effective. Therefore, extra efforts and synergy between the government, society, and private sector are needed to eradicate corruption.

"We can see how the Corruption Perception Index (IPK) score has not significantly increased and has remained stagnant over the past decade. The Anti-Corruption Behavior Index (IPAK) published by the Central Statistics Agency is the same," said Nawawi.

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

The temporary chairman of the Corruption Eradication Commission (KPK), Nawawi Pomolango, participated in the commemoration of World Anti-Corruption Day (Hakordia) at Istora Senayan, Gelora Bung Karno, Jakarta, on Tuesday (12/12/2023).

Recently, the Corruption Eradication Commission (KPK) conducted the Integrity Assessment Survey (SPI) to measure corrupt practices in all government institutions at the national and regional levels. "Internal and external respondents have stated that corruption still exists, as evidenced by the declining national score," said Nawawi during his speech to President Jokowi and attendees of the World Anti-Corruption Day anniversary.

Nawawi stated that with this fact, combating and preventing corruption cannot be done solely through institutional aspects, such as the formation of new institutions or working units, or merely through regulatory aspects by issuing laws, government regulations, presidential regulations, or simply relying on the performance of law enforcement officials. However, corruption can be prevented through synergy and the use of information technology.

Application of information technology

He exemplified the importance of corruption prevention through the Electronic-based Government System (SPBE). One of the SPBE implementations is the Local Government Information System (SIPD).

"Electronically, the process of planning, budgeting, administration, as well as financial reporting and development results, from the village level to the center, are already interconnected through SIPD. The integration of this financial system, apart from preventing corruption, can certainly encourage government budget efficiency and effectiveness," he said.

Also Read: Digitalization Encouraged to Tackle Corruption

In addition, information technology can encourage synergy among 14 ministries and agencies at the center and regional governments in the Mineral and Coal Information System (Simbara). Compliance with the obligation of entrepreneurs to pay PNBP, income tax, and provision of coal for domestic (DMO) can be monitored through Simbara.

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

President Joko Widodo when giving a speech at the commemoration of International Anti-Corruption Day (Hakordia) in Istora Senayan, Gelora Bung Karno, Jakarta on Tuesday (12/12/2023).

"This system significantly improves coal governance, including preventing illegal mining, export smuggling and practices that have been detrimental to state revenues for decades. "In 2024, this system will be implemented for nickel and tin commodities," said Nawawi.

Institutional synergy and the use of information technology have also occurred in the national logistics system. The integration of systems and coordination between 18 ministries/institutions and the business sector at seaports has successfully reduced time and costs at the ports. Starting from 14 major seaports, digitalization processes have now expanded to airports and even 1,400 special terminals.

He also mentioned that long-term efforts in combating and preventing corruption should be complemented with anti-corruption education, such as instilling ethical values in government officials and the wider community.

Also Read: Community Movement for an Indonesia Free from Corruption

Currently, there are 3,000 anticorruption educators. They are individuals who are ready to educate other groups in society after receiving competency certification from KPK. They focus on educating various layers of society about the importance of anticorruption.

The peak commemoration of World Anti-Corruption Day will be held for two days, on Tuesday-Wednesday (12-13/12/2023). Various activities will be attended by government officials at the central and local levels, members of the community consisting of civil society, academics, and journalists.

KOMPAS/HENDRA A SETYAWAN

The government's and law enforcement's efforts to investigate the wealth of officials that seems unusual have received support from the public, as depicted in a mural in the Bintaro area of Jakarta on Friday (10/3/2023).

When asked for his opinion, the Executive Director of the Center of Reform on Economics (CORE) Indonesia, Mohammad Faisal, stated that asset confiscation law is important to give a deterrent effect on corruptors. "So, corruptors who are caught are not only imprisoned, but also impoverished. And, one of the ways is through asset confiscation," he said.

Faisal believes that the existence of asset forfeiture law alone is not enough to eradicate corruption. Asset forfeiture is merely an instrument. This instrument must be followed by law enforcement in other aspects, especially in the investigation and prosecution of corruption suspects.

"Of course, law enforcers must be clean first. This is because although there is a Law on Asset Seizure, if the person being investigated, interrogated, and arrested as a corruptor is biased towards certain interests, including political interests, it will not result in catching the perpetrator but instead using them as a political tool - which will ultimately make the public apathetic," said Faisal.