In light of the disparity of court decisions on corruption
cases, the Indonesian Supreme Court recently enacted Supreme Court
Regulation No. 1 of 2020. Under the new regulation, the Supreme
Court introduces criteria-based benchmark to assist the courts in
convicting defendants in corruption cases under Articles 2 and 3 of
the Anti-Corruption Law (Law No. 31 of 1999).
As a background, Articles 2 and 3 criminalises an action or
abuse of authority, opportunity or facility that causes a loss to
the state. It is essential also to note that although the court has
never declared a death penalty, Article 2(2) allows the court to
impose the death penalty in certain circumstances. An individual
that violates Article 2 may be subject to imprisonment between 4 to
20 years and a fine between IDR 200 million to IDR 1 billion.
Meanwhile, an individual that violates Article 3 may be subject to
imprisonment between 1 to 20 years and a fine between IDR 500
million to IDR 1 billion.
