Former Minister Mahfud MD Slams Proposal for Settling Corruption Cases via ‘Denda Damai’
Jakarta, CNN Indonesia — Former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD has strongly condemned the proposal to settle corruption cases through a ‘denda damai’ (out-of-court settlement) system, recently advocated by Minister of Law Supratman Andi Agtas.
Mahfud argued that it’s wrong to suggest such an idea as corruption cases cannot be resolved through peaceful means. "It’s not just a mistake, it’s completely incorrect. Corruption cases cannot be settled peacefully. If settled peacefully, it would no longer be corruption; it would be called collusion," Mahfud said at the MMD Initiative office in Jakarta on Thursday (26/12).
Mahfud also pointed out that such a practice already exists informally between law enforcement agencies. "It happens all the time, secretly, between prosecutors, police, and judges. And when they’re caught, they end up in prison," he added.
The former minister emphasized that the Corruption Eradication Commission (KPK) Law and other criminal proceedings do not permit the application of ‘denda damai’ for corruption cases. He was surprised that the Minister of Law attempted to justify this practice by referring to the Law on the Prosecutors’ Office.
Mahfud explained that the ‘denda damai’ provision in the Law on the Prosecutors’ Office only applies to economic crimes related to customs, tax, and excise duties. It’s a negotiation process to lower punitive fines.
"For instance, if you’re supposed to pay a Rp100 billion fine for violating tax laws but end up paying Rp95 billion instead, that’s considered ‘denda damai’. But this process is transparent, done with the approval of the relevant ministry and the Attorney General," Mahfud said.
Previously, Minister of Law Supratman had planned to offer amnesty to state loss perpetrators through ‘denda damai’. The minister believes that the prosecutor general has the authority to impose ‘denda damai’ as permitted by the Law on the Prosecutors’ Office. However, he did not clarify how this would apply to corruption cases.
"Denda damai", according to Supratman, involves discontinuing the court process and imposing a fine agreed upon by the Attorney General. This can be used to manage cases causing state losses.
