TEMPO.CO, Jakarta - A legal expert at Trisakti University, Abdul Fickar Hadjar, considered the death penalty for graft convicts inappropriate. Besides the lack of a deterrent effect, it opposed the constitution, albeit it had been ruled in the regulations.
“Our constitution says the right to live cannot be denied under any circumstances. This means a death sentence should be avoided," Fickar told Tempo on Tuesday, December 10.
According to him, graft convicts could be charged with asset recovery, in which they will be obliged to pay back state losses, and they will not have access to the economy.
“[Corruptors] are barred from having a company, a credit card, being an institution leader, and his political right is stripped off. These will generate more deterrent effect, rather than a death sentence,” Fickar added.
Death sentence for graft convicts was stipulated in Article 2(2) of Law No. 31/1999 as amended on Law No. 20/2001 on the eradication of corruption. However, the sentence could be ruled in a certain circumstance.
Fickar mentioned that certain circumstances include the perpetrator is a recidivist or graft practice is committed during a disaster condition.
President Joko “Jokowi” Widodo on Monday, December 9, said the government was ready to include the death penalty for corruptors in the regulations as long as the people wanted it. However, the legalization of the policy must be with the approval of the House of Representatives (DPR).
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