Mahfud MD’s Response to Romli Atmasasmita’s Accusations Regarding Defamation and the ITE Law
Renowned constitutional law expert and former Indonesian Minister of Political, Legal, and Security Affairs, Mahfud MD, has issued a response to the allegations made by Romli Atmasasmita, a distinguished law professor at Unpad. Atmasasmita accused Mahfud of potentially facing defamation charges and violating the Information and Electronic Transactions (ITE) Law due to his views on the forgiveness of corrupt individuals.
The crux of the matter lies in Mahfud’s assertion that there should be no secretive forgiveness granted to corrupt individuals. He emphasized this stance in light of President Prabowo Subianto’s statement offering corrupt individuals the chance to seek forgiveness discreetly if they agree to return their ill-gotten gains. President Prabowo made this declaration during a speech delivered to students at the Al Azhar Conference Center, Al Azhar University in Cairo on December 18, 2024.
Mahfud clarified his position by stating, “I say, forgiveness cannot be extended to corrupt individuals. If done so, it would contradict the law. There should be no secretive forgiveness granted to corrupt individuals.” This principled stand highlights Mahfud’s unwavering commitment to upholding the rule of law and accountability in matters of corruption.
Varied Opinions and Responses
Following Mahfud’s remarks, Menko Kumham Impas, Yusril Ihza Mahendra, suggested that the President has the authority to grant amnesty. Additionally, Minister of Law, Supratman Andi Agtas, discussed the mechanism of fine settlements under the Prosecution Law. Notably, legal expert Hotman Paris criticized Mahfud MD, citing the President’s ability to grant amnesty using tax amnesty as an example.
Acknowledging the differing viewpoints, Mahfud MD remained steadfast in his position, stating, “It’s okay, these are all differences of opinion. I still maintain that forgiving corrupt individuals secretly is not permissible.” His unwavering stance underscores the importance of transparency and accountability in addressing corruption-related issues.
Transparency and Accountability in Amnesty
Mahfud elaborated on his perspective, emphasizing that while the President has the authority to grant amnesty, it must be done transparently and in consultation with the House of Representatives (DPR). He highlighted the precedent set by the Tax Amnesty Law, which underwent rigorous debate and scrutiny in the DPR before its enactment.
“In essence, the crux of the matter lies in offering forgiveness and ensuring the return of stolen funds without secrecy,” Mahfud emphasized. By advocating for open and transparent processes in granting amnesty, Mahfud underscores the importance of accountability and democratic principles in addressing corruption issues.
In conclusion, Mahfud MD’s response to Romli Atmasasmita’s accusations sheds light on the complexities surrounding forgiveness, accountability, and the rule of law in addressing corruption. His unwavering commitment to transparency and openness in granting amnesty reflects a broader commitment to upholding democratic values and accountability in Indonesia’s legal framework.
