Unpad Professor Slams Mahfud MD‘s Remarks on Pardoning Corruptors
A legal expert from the University of Padjadjaran (Unpad), Prof. Romli Atmasasmita, has criticized remarks made by Mahfud MD, stating that pardoning corruptors could violate Article 55 of the Indonesian Criminal Code (KUHP). Prof. Romli, in an interview on Tuesday, December 31, 2024, argued that Mahfud MD’s comments might be subject to legal repercussions.
Prof. Romliasserted that Mahfud MD’s statements could potentially breach the Law on Information Technology (UU ITE), article 45, carrying a potential penalty of up to two years in prison or a maximum fine of IDR 400 million. Furthermore, he suggested that Mahfud MD could also be held accountable under Article 310 and 311 of the KUHP 1946, and Article 433 of the new KUHP 1/2023, relating to defamation and damaging one’s reputation, with potential penalties reaching up to six years imprisonment and a fine of up to IDR 750 million.
In his response to Mahfud MD’s assertions that pardoning corruptors contradicts Article 55 of the KUHP, Prof. Romli explained that this provision requires two key elements: mutual awareness in planning corruption, and joint execution of the corrupt act. Given that President Prabowo Subianto does not meet these criteria, Prof. Romli clarified that Article 55 of the KUHP does not apply to the President’s case.
Previously, Mahfud MD had openly condemnedPresident Prabowo Subianto’s proposal to pardon corruptors who agree to repay the state. Mahfud MD insisted that such actions contravene existing laws, particularly Article 55 of the KUHP, and urged the President to exercise caution when making public statements.
Prof. Romli’s comments have sparked a range of responses, with some supporting the President’s position. Habiburokhman, a member of the Gerindra party, even accused Mahfud MD of being a "failed figure" due to his perceived habit of making counterproductive remarks. However, Mahfud MD has declined to comment further on the matter.
The legal and political landscape continues to shift as these prominent figures voice their opinions on the divisive issue of corruption and presidential pardon.
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