Jakarta. Chief Legal Affairs Minister Yusril Ihza Mahendra has confirmed that the government plans to pardon graft convicts and suspects who agree to return stolen assets to the state, signaling a shift in focus from punitive measures to asset recovery.

The proposed pardon is part of a broader program affecting around 44,000 inmates, who also include drug users, political activists, and those convicted of minor offenses. The program is aimed at addressing the issue of overcrowded prisons.

“We want law enforcement against corruption to benefit the people by returning the stolen money to state coffers. If graft convicts are simply put in jail, what is the benefit to our people?” Yusril said in an exclusive interview with BTV aired on Friday.

His remarks came in response to President Prabowo Subianto’s recent statements about pardoning “remorseful graft convicts” who are willing to return stolen assets. According to Yusril, graft convicts account for only a small fraction of the 44,000 inmates who would be eligible for a presidential pardon, although he did not specify the exact number of graft convicts.

The minister stressed that the program’s primary objective is to recover stolen assets for public benefit. The pardon could also extend to graft suspects under investigation, provided they agree to return the stolen money. Yusril noted that suspects who comply would not face prosecution and their identities would remain confidential.

“Those who are being investigated or tried for corruption will be cleared of charges if they return the stolen state assets,” he said.

The government is drafting a presidential decree to implement the program, which will include a specific deadline. “The presidential pardon will be granted if they return the stolen assets by August 1, 2025, at the latest,” Yusril said.

Balancing Justice and Practicality
Critics argue that Indonesia’s anti-corruption laws stipulate that returning stolen assets does not annul the criminal liability of graft convicts. However, Yusril clarified that the president’s authority to pardon convicts or suspects is enshrined in Article 14 of the 1945 Constitution, which supersedes statutory laws.

The minister underlined the need for innovative approaches to tackling corruption, citing Indonesia’s declining performance in global corruption rankings. According to Transparency International’s 2022 Corruption Perceptions Index (CPI), Indonesia scored 34 out of 100, ranking 110th out of 180 countries. In comparison, Malaysia scored 47 (ranked 61st), and Singapore scored 83 (ranked 5th).

“This program represents a new approach to addressing corruption. The ultimate goal is to ensure that stolen public funds are returned and utilized for the benefit of the people,” Yusril said.

The initiative reflects ongoing challenges in combating corruption in Indonesia, despite the establishment of the Corruption Eradication Commission (KPK) and enhanced investigative powers granted to prosecutors and police. Critics remain divided on whether the proposed pardons undermine the principle of justice or represent a pragmatic solution to systemic corruption and prison overcrowding.