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Jakarta Post
24 July 1999

Antigraft bill passed by House

JAKARTA (JP): The death penalty awaits convicted corruptors when the new
antigraft bill, which the House of Representatives endorsed on Friday, comes
into effect.

The four House factions in a plenary session chaired by House Deputy Speaker
Lt. Gen. Hari Sabarno lauded the new law, which promises greater authority
for law enforcers, as proof of the government's commitment to pursue
corruption cases.

Agus Muhyidin of the ruling Golkar Party faction said the special committee
in charge of the bill had made substantial progress in their deliberations.
He said new ideas had been introduced so that the completed document would be
an effective legal tool for the next government.

"The law gives more authority to law enforcers, including the National
Police, the Attorney General's Office and judges in their investigations,
prosecution and dispensing of punishment.

"Law enforcers will be allowed to receive information on corruption from all
sides, including parties whose identity will remain confidential," he said at
the plenary session.

Maj. Gen. Budi Santoso, deputy chairman of the military faction, said the law
would mean that public officials, corporations and bank creditors would be
forced to reconsider committing crimes. He said the law introduces the death
penalty as the maximum punishment for convicted corruptors and embezzlers.

"This law with harsh sanctions, plus the law on clean governance that we
passed in May, is expected to be an effective future means for the campaign
against corruption," he said after the meeting.

The clean governance law stipulates that new public officials declare their
personal assets and their corporations' assets before taking on their jobs.

State Secretary/Justice Minister Muladi, who represented the government in
the plenary session, also hailed the law. He said with the greater authority
invested in the law, law enforcers would be able to escalate their
investigative powers when handling corruption cases.

"In handling corruption cases in the banking sector, for example, law
enforcers will be allowed to freeze a suspect's bank account, and will be
able to ask the central bank to reveal their bank accounts," he said.

The minister said the new law, which will replace the 1970 Anticorruption
Law, introduces a system of a "balanced burden of evidence" in corruption
investigations.

"Under this system, a suspect can be made to explain how they obtained their
wealth and that of his/her family. But, at the same time, there is a
guarantee of the suspect's right for self-defense to prove that he/she is not
guilty," Muladi said.

The minister said the death sentence would be handed down on those found to
have committed corruption more than once, those who were involved in major
embezzlement cases, and to those who took advantage of situations during a
state of emergency, national disasters and economic crises.

"The law also threatens a maximum 20-year jail sentence," he said.

The minister said in the next two years, an independent anticorruption agency
would be set up to help eradicate corruption. "The agency will be run by
independent professionals and chaired by the attorney general."

Commenting about the newly introduced bill on state security, the minister
said the government was open to public comments and suggestions about the
document. He reiterated, however, that the law was needed in a state of
emergency.

"The creation of the bill is in accordance with all laws and bills aimed at
improving the people's social welfare. In a state of emergency, a martial law
is needed to restore order and security as well as to maintain national
unity."

He said the bill was in substance better than the 1959 State of Emergency
Law.

Syamsu Rizal Panggabean, director of the security and peace studies
department at Gadjah Mada University in Yogyakarta, said the bill stipulates
that riots and separatist efforts could no longer be handled by military
repression.

"Violence and separatism movements can only be handled through a democratic
political process," he said. (rms/44

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Didistribusikan tgl. 24 Jul 1999 jam 07:21:31 GMT+1
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