Thursday, July 21, 2005

Want to avoid the prosecution? Be a Conscious Corruptor!

Anybody involved in corruption activities in Indonesia could avoid prosecution if he or she voluntarily reports to state attorneys that he or she was involved in a group corruptive act and feels sorry for that.

The rapporteur who discloses details of the corruption activity, including the people involved, and stands as key witness in the trial will get protection from Attorney General's Office. He/she will not be prosecuted. Such a person is considered a conscious corruptor.

Attorney General Abdul Rahman Saleh said today that AGO will implement the system as it already deliberated by a 2004 law on AGO and claimed such system worked well in Holland, Indonesia’s former colonial master.

This is how Mr Saleh described that. Let's say that there are five directors of a state-owned enterprise and one of the directors will report the corruption case committed by the board. AGO will prosecute the other four directors.

But the one who reports the case should stand as witness in the court. Of course it’s not easy to do that, but some people might take the chance. And it is not clear yet whether the Conscious Corruptor should return the embezzled money.

But what if all of them go to AGO and reporting on each other?

Mr Saleh simply said that AGO will prosecute the board member with highest gain from the corruptive act.

But what if they shared equally the gain and all of them go the AGO to report the case? No clear answer. But if Mr Saleh is consistent with the logic, AGO should release all of them. If that’s the logical consequence, I am afraid that Indonesians could prepare their corruptive acts carefully so they will be categorized as Conscious Corruptors.



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October 21, 2005 1:08 AM  

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