JAKARTA - The Supreme Court has set regulatory guidelines for criminalisation in Articles 2 and 3 of the Corruption Eradication Law, which regulates that a person convicted of an act of corruption worth above Rp 100 billion can be sentenced to life imprisonment.
As reported by Antara, according to Supreme Court Regulation No. 1/2020 judges are required to consider state losses, the rate of violation, impact and benefits, the range of convictions, incriminating or alleviating factors, sentencing, and other provisions related to sentencing.
In adjudicating matters stipulated in Article 2 of the Corruption Law, there are four financial categories, namely most severe (more than Rp 100 billion), severe (more than Rp 25 billion-Rp 100 billion), moderate (more than Rp 1 billion-Rp 25 billion), and mild (Rp 200 million-Rp 1 billion).
In adjudicating matters stipulated in Article 3, there are five financial categories, namely most severe (more than Rp 100 billion), severe (more than Rp 25 billion-Rp 100 billion), moderate (more than Rp 1 billion-Rp 25 billion), mild (Rp 200 million-Rp 1 billion), and mildest (up to Rp 200 million).
A person convicted of an act of corruption under the 'most severe' category with severe violation, impact, and benefits can be sentenced to 16-20 years in prison or life imprisonment with a fine amounting to Rp 800 million-Rp 1 billion, while a person convicted of an act of corruption under the 'most severe' category with moderate violation, impact, and benefits can be sentenced to 13-16 years in prison with a fine amounting to Rp 650 million-Rp 800 million.
A person convicted of an act of corruption under the 'most severe' category with mild violation, impact, and benefits can be sentenced to 10-13 years in prison with a fine amounting to Rp 500 million-Rp 650 million. Furthermore, a person convicted of an act of corruption under the 'mildest' category with mild violation, impact, and benefits can be sentenced to one to two years in prison with a fine amounting to Rp 50 million-Rp 100 million.
The regulation was signed by Supreme Court Chief Justice Syarifuddin on July 8, 2020 and was officially made into law by the Ministry of Law and Human Rights on July 24. (MS)