Indonesia's Law Minister: Death Penalty Permissible for Corruptors

Indonesia's Minister of Law, Supratman Andi Agtas, has affirmed that the death penalty for corruption convicts is legally viable under Indonesian law. His remarks come in response to a viral appeal from a prominent religious leader in East Java who advocated for capital punishment and amputation for those convicted of corruption.

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The death penalty has never been abolished in Indonesia. Yes? The death penalty still exists.

Speaking in Surabaya, Agtas clarified that the death penalty has never been abolished in Indonesia. He pointed to the Corruption Eradication Law and the new Criminal Code, both of which permit the death penalty, albeit with a mandatory 10-year waiting period before any sentence adjustment can be made. "The death penalty can be carried out after a waiting period of approximately 10 years," he explained.

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In the Corruption Eradication Law, then indeed in our new Criminal Code, the death penalty can be adjusted after a waiting period of approximately 10 years.

Agtas emphasized that the imposition of the death penalty is contingent on the prosecution's demands and the judge's discretion. "If the investigators and prosecutors state that the maximum sentence is the death penalty, it is permissible," he stated, adding that judges have the authority to issue such sentences. "So, it is not a legal debate, but a matter of implementation."

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But is the death penalty allowed? Yes, it is allowed, depending. If the investigators and prosecutors, especially the public prosecutor, state that the maximum sentence is the death penalty, it is allowed.

The call for harsher penalties gained traction after KH Mustain Syafi'i, a respected figure from the Tebuireng Islamic boarding school, expressed frustration with the perceived ineffectiveness of prison sentences in curbing corruption. He proposed punishments aligned with Islamic law, suggesting hand amputation for corruption equivalent to one billion rupiah and the death penalty for larger sums, arguing it is better to execute one person than to ruin the entire nation.

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Can a judge impose the death penalty or not? Yes. So, it is not a legal debate, but a matter of implementation.