Indonesia’s Anti-Graft Law Allows Death Penalty, but Will It Ever Be Enforced?
Jakarta. A series of high-profile corruption cases in Indonesia has reignited calls for the death penalty for corrupt officials, with supporters arguing it would deter future crimes and curb rising corruption levels.
Corruption Eradication Commission (KPK) Deputy Chairman Fitroh Rohcahyanto said Indonesia’s existing legal framework already provides for the death penalty in corruption cases under specific circumstances, as stipulated in Article 2, Paragraph (2) of the Anti-Corruption Law.
"The law states that corruption causing state losses under certain conditions, such as during a national emergency, can be punishable by death. However, it has never been enforced," Fitroh said during an anti-corruption talk show on Wednesday.
Fitroh suggested that if an extraordinary corruption case emerges, where the losses to the state are severe and occur under critical conditions, the death penalty could be considered. "We hope this would serve as a strong deterrent," he added.
Indonesia currently applies the death penalty for crimes such as drug trafficking, premeditated murder, terrorism, and offenses against state security under the Criminal Code. Convicts sentenced to death are executed by firing squad.
Religious Affairs Minister Nasaruddin Umar offered an alternative perspective, arguing that corruption convicts could be "executed" by destroying their dignity rather than their lives.
"In Arabic, 'death' means the end of life. But it can also mean the death of one’s dignity, career, opportunities, social status, and reputation," Nasaruddin said during the same event.
For some, he added, such consequences might be harsher than physical death. "Once someone dies, there is no longer any shame. But public disgrace and social death can be more painful," he said.
Nasaruddin speculated that some corrupt individuals might even prefer execution over enduring public humiliation and the loss of status. "They might choose to be shot rather than lose everything they have built," he said.
Indonesia has rarely enforced the death penalty for corruption. The only known case was Jusuf Muda Dalam, a former Bank Indonesia governor, who was sentenced to death in 1966 for embezzlement. However, he died of a heart attack in prison on Aug. 26, 1976, a day before his scheduled execution. Since then, despite calls for harsher punishments, no corrupt official has faced the death penalty.
The debate resurfaced in 2020 following the Covid-19 social aid corruption scandal involving former Social Affairs Minister Juliari Batubara. Prosecutors accused him of taking Rp 32.48 billion in bribes, yet he was sentenced to only 12 years in prison and fined Rp 500 million. Similarly, business figures like Heru Hidayat and Benny Tjokrosaputro faced death penalty demands in the multi-trillion-rupiah ASABRI and Jiwasraya insurance fraud cases. However, both escaped capital punishment.
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