The arrest of the Constitutional Court’s chief justice on Wednesday night in a bribery sting has renewed calls to impose the death sentence in serious corruption cases, to serve as a deterrent.
Tjatur Sapto Edy, a deputy chairman of the House of Representatives’ Commission III, which oversees legal affairs, pointed out on Friday that the death sentence had never previously been sought in a corruption case.
“It’s true that the law allows it, but prosecutors never choose to pursue it,” he said in Jakarta as quoted by Antaranews.com, in response to a call by senior officials to seek the death penalty for Akil Mochtar, the Constitutional Court’s now suspended chief justice.
On Thursday, Corruption Eradication Commission (KPK) chief Abraham Samad and former Constitutional Court chief justice Jimly Asshiddiqie said prosecutors should seek the death penalty for Akil, after he was arrested on Wednesday by the KPK on suspicion of taking bribes from plaintiffs in at least two election disputes currently being heard by the court.
Tjatur said the 1999 Anti-Corruption Law authorized prosecutors to recommend the death sentence for graft defendants. “But I don’t know why it has never been used. Maybe prosecutors aren’t confident enough to recommend such a sentence?” the National Mandate Party (PAN) politician said.
Abraham and Jimly said that by bringing the death sentence to bear, the government could show it did not tolerate corruption.
“What Akil [allegedly] did was such a disgrace,” Jimly said. “The alleged graft will taint the court’s reputation as one of the country’s cleanest institutions.”
Mahfud MD, Akil’s predecessor, also said the chief justice should be given the death sentence if convicted.
Mahfud, who is a member of the Constitutional Court’s ethics council, said that in addition to criminal charges, Akil would also face an ethics tribunal.