Mahfud MD Agrees Big-Time Corruptors Could Face Death Penalty

Former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD has voiced his support for the Indonesian Ulema Council's (MUI) push for the death penalty for major corruption cases. Mahfud attended the 8th Indonesian Islamic Congress (KUII) in Jakarta, where the MUI's call was a prominent topic.

Mahfud clarified that the MUI's demand is not to create new legal norms but to enforce existing regulations. He asserted that both Indonesian law and Islamic law permit capital punishment for grave offenses. "According to Indonesia's legal system, the death penalty is permissible. Similarly, in Islamic law, our constitution allows the death penalty for major crimes. For corruption offenses, the death penalty is already stipulated in Law Number 31 of 1999," Mahfud stated.

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According to Indonesia's legal system, the death penalty is permissible. Similarly, in Islamic law, our constitution allows the death penalty for major crimes. For corruption offenses, the death penalty is already stipulated in Law Number 31 of 1999.

He explained that the recommendation from the MUI should be understood as a corrective measure against the perceived lack of strict law enforcement in the country. Mahfud highlighted that the legal basis for imposing the death penalty on corruptors under specific conditions, as outlined in Article 2, Paragraph (2) of Law Number 31 of 1999 concerning the Eradication of Corruption, is legally sound and aligns with constitutional principles. This strictness is considered crucial for "extraordinary crimes" like large-scale corruption, especially when committed intentionally and having widespread negative impacts on public welfare.

To ensure the implementation of such penalties without arbitrary application, Mahfud encouraged the Supreme Court to formulate clear technical guidelines or adjust parameters. These would specify the criteria for corruptors eligible for the death penalty. He suggested focusing on "big-time" corruptors whose actions result in significant state losses, for example, exceeding Rp 100 billion, and who acted deliberately rather than through administrative negligence.

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the recommendation that was issued by the MUI in the KUII must be understood as a corrective push for the lack of firmness in law enforcement in the country.