Belajar Blogging

Constitutional Court (MK) Chairman Mahfud MD said a policy maker could not be punished because of the decision he/she made based on his/her authority.

"In principle, mistakes made with regard to policy making or policy decisions cannot be criminalized," he said at a seminar on the role and functions of the central bank in stabilizing national economy and financial system here on Saturday.

Citing an example he referred to the recent case of Corruption Eradication Commission deputies Chandra M Hamzah and Bibit Samad Rianto who were accused of abusing their power for their decision to revoke the travel ban for a suspected corruptors.

"As the decision is a pure policy and the two did not take material or non-material benefit out of it the two cannot be charged with abusing power," he said.

He said however a policy maker could be sentenced if he/she made a decision based on a motive of committing an international crime or gross violation of human rights.

"That is in line with the international doctrine that has been adopted by a number of countries in which a policy intended for an international crime is a crime," he said.

He said mistakes made with regard to a policy which is clearly laid out in the law were punishable, referring as an example to Aricle 165 of the Law on Mining of Minerals and Coal.

"The provision makes it possible for an official who issues a license in the mining field to be sentenced," he said.

Other policy which is punishable is a policy which is corruptive and crime-oriented. In this case it is not the policy that is punishable but the motive behind its making.

"If no indications of the crimes are found do not force them to be punishable," he said.

http://english.kompas.com/read/2010/04/11/03345985/Indonesia.Policy.Makers.NOT.Punishable