In addition to imprisonment, perpetrators of corruption in Indonesia can be subject to additional penalties in the form of restitution.
Based on Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (Tipikor), convicts can be required to pay restitution equal to the value of assets they obtained from the proceeds of corruption.
If the convict is unable to pay, their assets will be confiscated. Then, if their assets are still insufficient to cover the restitution, the convict will receive an additional prison sentence.
However, in practice, the imposition of restitution sentences is not commensurate with state losses.
According to Indonesia Corruption Watch (ICW) monitoring, the total state losses due to corruption declared by the courts in 2023 reached Rp56 trillion.
Meanwhile, the restitution sentences imposed by the courts in 2023 were only Rp7.34 trillion, approximately 13% of the total state losses.
A similar trend occurred in previous years. During the 2018-2022 period, the value of restitution sentences ranged from only 2% to 34% of total state losses, with details as shown in the graph.
"The vast gap between restitution and losses shows that the situation of corruption sentencing has not improved," said ICW in its *2023 Verdict Trend Monitoring Report*.
"The alternative prison sentence is also suspected to be chosen by many perpetrators because they do not have to pay, but only serve an additional sentence," it continued.
In response to this condition, ICW recommends that the government and the DPR immediately enact the Draft Law (RUU) on Asset Confiscation, so that the recovery of losses due to corruption can be maximized.