tag:blogger.com,1999:blog-34250119.post8249580113673054106..comments2024-03-05T17:22:53.137+07:00Comments on The Chronicles of a Capitalist Lawyer: Designing Anti Corruption Policy: A Response to Cafe Salemba's Law for SalePramudya A. Oktavinandahttp://www.blogger.com/profile/12155548682068314306noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-34250119.post-43469012511811912232011-05-01T01:12:07.956+07:002011-05-01T01:12:07.956+07:00Oh, hope the hospital stay wasn't for somethin...Oh, hope the hospital stay wasn't for something too serious and that you've recovered!<br /><br />Re returning the assets, thanks for the clarification! I'll certainly be on the lookout for such court order in any new corruption cases. I wonder why they haven't been doing it... more backdoor deal? *sigh*<br /><br />What an interesting concept, the private law death! If they no longer have any right as a citizen, does that mean that they don't have any responsibility either as a citizen? i.e. if they're caught breaking the law (e.g. stealing), would the police be able to catch and prosecute them? Can you sue someone who is legally non-existent?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34250119.post-42426407687936774332011-04-21T17:06:08.801+07:002011-04-21T17:06:08.801+07:00Sorry for taking a long time to reply your comment...Sorry for taking a long time to reply your comments. I'm just released from the hospital. <br /><br />Yes, the process can be done in parallel, but the state attorney must clearly state in its prosecution that the state demand the convicted to return the assets and this should also be stated in the court's judgement. Unfortunately, I haven't heard any news where the court actually order to convicted to return the assets. <br /><br />On death penalty issues, yes, we need to find a bigger stick to punish the criminals. Maybe we should use the old law that has been prohibited under the Indonesian Civil Code, i.e. private law death. This is a sanction where you will be considered as legally non existent. You cannot enter into a contract, marry, etc. You will not have any rights as a citizen. That would be the ultimate sanction, I guess.Pramudya A. Oktavinandahttps://www.blogger.com/profile/01296145749782309261noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-20881460777640476852011-04-17T08:26:37.468+07:002011-04-17T08:26:37.468+07:00So how does the government get the "corrupted...So how does the government get the "corrupted" assets back then? Would that need a separate procedure that's done after the guilty verdict? Or is it done in parallel? Does the same apply to my thief analogy, i.e. if a thief stole my possession, it does not straight away mean I get it back once he's caught and ruled as guilty?<br /><br />Sorry for all the questions! I just can't comprehend why it will not be done automatically... <br /><br />and yes, I take your point on the death penalty. I just think there should be a bigger "stick" to stop people from being corrupt!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34250119.post-17939488942212430822011-04-15T14:42:02.961+07:002011-04-15T14:42:02.961+07:00On getting the assets back, unfortunately no. Ther...On getting the assets back, unfortunately no. There is no automatic mechanism, which is bad.<br /><br />On death penalty, I don't mind, but since it is reversible, the costs for the trial tend to be higher to avoid pulling a wrong judgment. Therefore, it might be easier to focus on collecting the money and preventing the officials from regaining power. At least if the judgment is wrong, it still can be reversed.Pramudya A. Oktavinandahttps://www.blogger.com/profile/01296145749782309261noreply@blogger.comtag:blogger.com,1999:blog-34250119.post-52587588136370319502011-04-13T22:46:00.886+07:002011-04-13T22:46:00.886+07:00Interesting post! Stumbled here from A Fatih Syuhu...Interesting post! Stumbled here from A Fatih Syuhud's blog.<br /><br />I have always thought that if an official was found guilty for corruption and was sentenced to jail, then automatically the stolen assets are handed back to the rightful owner, i.e. the Government. Similar to if I got mugged and my bag is stolen, then once the mugger is caught I'll get my bag back! Is this not so then under the Indonesian Law?<br /><br />I am still on the fence when it comes to death penalty, but somehow, in the case of corrupt Indonesian government officials, I think it may just be the sole solution. The whole institution, from the top-most level down to the bottom, is already so rotten that the only thing left to do is just to cut the whole tree down.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34250119.post-60614168916016537972011-04-07T18:20:34.880+07:002011-04-07T18:20:34.880+07:00considering how the current justice system works, ...considering how the current justice system works, no wonder how people shift their view on corruption from malign to goalAnonymousnoreply@blogger.com