Corruption Fine Only 2% of State Losses

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Cindy Mutia Annur 23/05/2022 17:50 WIB

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The Indonesian Corruption Watch (ICW) recorded a total state loss due to corruption in 2021 reaching Rp62 trillion. However, the amount of restitution only reached Rp1.4 trillion, or approximately 2.2

Comparison of State Losses due to Corruption and Criminal Confiscation of Assets (2021)

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Corruption Fine Only 2% of State Losses

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Comparison of State Losses due to Corruption and Criminal Confiscation of Assets (2021)

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"Restitution" is a form of additional criminal penalty in corruption cases.

This additional penalty is one way to recover state losses, where defendants who have been legally and convincingly proven to have committed acts of corruption are required to return the proceeds of their corruption in the form of money.

However, according to a report by Indonesia Corruption Watch (ICW), the amount of restitution imposed on corruption convicts in Indonesia is far below the value of state losses.

ICW recorded that the total financial losses to the state due to corruption prosecuted by the KPK and the Attorney General's Office in 2021 reached Rp62.1 trillion.

However, the amount of restitution in that year was only Rp1.4 trillion, or approximately 2.2% of the total state losses.

"This indicates that both public prosecutors and judges do not have a perspective on providing a deterrent effect (on corruption) from an economic aspect," wrote ICW in its report released on Sunday (22/5/2022).

According to ICW, this large disparity between state losses and restitution also occurs because there are often debates between public prosecutors and judges, especially regarding which corrupt acts fall under the realm of state financial losses.

"A concrete example is the bribery and gratification corruption case of the former Secretary of the Supreme Court, Nurhadi. The judge refused to impose the additional penalty of restitution on the grounds that the bribe came from personal funds," wrote ICW in its report.

"The judge's argument rejecting the imposition of the additional penalty of restitution, as mentioned above, is easy to refute. Because, it is clearly stated in Article 17 of the Corruption Law that every corruption offense can be subject to the additional penalty of restitution," concluded ICW.

Editor : Adi Ahdiat

"Disclosure: This is an AI-generated translation of the original article. We strive for accuracy, but please note that automated translations may contain errors or slight inconsistencies."

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Corruption Fine Only 2% of State Losses

Corruption Fine Only 2% of State Losses

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