|Criminal Law Expert Faculty of Law, University of Muhammadiyah Malang (FH UMM) Mokhammad Najih, Ph.D. (Photo: Chandra / PR)|
Criminal Law Lecturer at the Faculty of Law, University of Muhammadiyah Malang (FH UMM) Mokhammad Najih, PhD said corruption was an extraordinary crime that had characters and characteristics as an international crime, Thursday (1/14) afternoon.
This was conveyed when he acted as a panellist at the public discussion of the Corruption Eradication Commission (KPK) and the Faculty of Law UMM in Gedung Kuliah Bersama (GKB) IV 9th floor of UMM. This meeting discussed the prospect of eradicating corruption after the General Election 2019.
Najih explained, based on the Background Paper Declarations of the 8th International Conference Against Corruption in Lima, Peru, 2002, there were seven effects of corruption underlying the internationalization of corruption crimes. "First, corruption is considered to damage democracy," said Najih.
Second, continued Najih, corruption was considered to damage the rule of law, especially law making which was full of bribery and law enforcement practices. Third, corruption impeded sustainable development. The fourth from corruption was destroying the market.
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Fifth, corruption damaged the quality of life, especially corruption in the education and health sectors. Sixth, corruption can endanger human security. Finally, corruption violated human rights. "Unfortunately, all the effects of corruption are at a worrying stage in Indonesia," he explained.
Based on these various impacts, continued Najih, corruption was declared as an international crime as stated in the United Nations Convention Against Corruption (UNCAC) which had been ratified by the Government of Indonesia with Law Number 7 of 2006.
Meanwhile, commenting on the law on corruption (Tipikor Constitution) Najih mentioned in practice, the application of Constitution No. 31 of 1999 as amended by Constitution No. 20 of 2001 still leaves several problems.
"First, there are still some actions that should be seen as acts of corruption that have not been included in the TIPIKOR Constitution. This has led to extensive interpretation and even acrobatic tendencies. Therefore a broader but more stringent formulation is needed, "he said.
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In addition, continued Najih, there were fundamental mistakes such as duplication of offence arrangements or criminal offence set twice. "Especially those who take KUHP, for example, Article 5 paragraph (2) and Article 11 of Tipikor Constitution which together regulate civil servants who accept bribes," he said.
Not only that, another problem that should not be left behind was that there was a contradictory article regarding the problem of criminal threats, namely Article 6 paragraph (2) and Article 12 letter C of Constitution Number 20 the Year 2001.
Finally, there was a weakness in the formulation regarding the burden of reverse proof in Article 12B of Constitution No. 20 of 2001. "With this error, the formulation that should have been made for the regulation of burden of proof is reversed, but in its implementation, it has become an ordinary process of proof," he explained.
With all the list of problems, Najih assessed that legal reform of corruption was urgent. He continued, the momentum to hold the General Election simultaneously in April 2019 was as momentum to improve the law of corruption in Indonesia. (Win)