Rofiq Hidayat, Andin Aditya Rahman
After more than a decade since the 1998 Reform Movement, two presidential administrations, and countless convictions of corruptors, Indonesia still suffers from extensive corruption in many sectors including corruption in the forestry sector. Law enforcers, however, are seemingly too busy with the small players in this sector and give little attention to large corporate perpetrators.
Narendra Jatna, a lecturer from the Law Faculty at University of Indonesia, believes that corporations should be more rigorously pursued and convicted for corruption in the forestry sector.
Such convictions may be done during the prosecution phase by using both Law
No. 31 of 1999on the Eradication of Corruption Crimes, as amended by Law
No. 20 of 2001 (Corruption Law), and Law
No. 8 of 2010on the Prevention and Eradication of Money Laundering (Money Laundering Law).
“The combination of these two laws in the perpetrator’s conviction should at least touch corporations,” he stated during a seminar in Jakarta on Tuesday.
According to Mr. Jatna, such a combination will work in a twofold manner. The Corruption Law will pursue criminal responsibility, whereas the Money Laundering Law will pursue the return of state funds.
“Therefore we have the tools for money laundering. If the funds are entrusted in a corporation, they will be convicted too,” Mr. Jatna explained.
Mr. Jatna encouraged law enforcers, such as the Corruption Eradication Commission, the National Police Force, and public prosecutors to use this combined method to convict perpetrators of corruption.
“So let’s all try this and hope that the managers of corporations are convicted,” stated Narendra.
Emerson Yuntho, an activist for the Indonesia Corruption Watch, supports Mr. Jatna’s views and stated that convicting corruptors in the forestry sector will be more effective if the Money Laundering Law and the Corruption Law are combined.
“Because corporate crime can include taxation, forestry and natural resources,” he further elaborated.
However, Mr. Yuntho is critical of the KPK’s failure to complete the conviction of perpetrators in 7 cases in the forestry sector.
“Unfortunately, the KPK convicted individuals and not corporations. This should be momentum for the KPK to continue those cases,” concluded Emerson.
(For more information on money laundering, see: ILD
No. 311)
(hot/kc)