How Govt Responds to MUI's Call for Corruptor Death Penalty

TEMPO.CO, Jakarta - Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, has responded to the Indonesian Ulema Council's (MUI) proposal to impose the death penalty on corruptors. He emphasized that capital punishment in the national legal system functions as an ultimum remedium.

"This means it is the most severe punishment that can be imposed by the court based on the demands of the public prosecutor," he said in a written statement on Thursday, August 6, 2026.

In adjudicating a case, a judge is obligated to evaluate whether the charges are legally and convincingly established through facts presented in court. Should the defendant be found guilty, Yusril noted, the judge will pass a sentence deemed most equitable and proportionate to the offender's actions and their ramifications on victims, society, and the state.

According to Yusril, judicial verdicts must adhere to the principle "For the Sake of Justice Based on Belief in the One Almighty God" and the dictates of personal conscience. He stressed that judges must refrain from issuing rulings driven by malice or animosity.

He invoked Surah al-Maidah, verse 8 of the Quran, which instructs: "Let not hatred of a people incite you to act unjustly toward them. Be just; that is nearer to righteousness."

Reflecting on his tenure as Minister of Justice, Yusril noted that he spearheaded the revision of Law Number 31 of 1999 on Corruption Eradication into Law Number 20 of 2001. He explained that this amendment introduced crucial clauses addressing gratuities, public official bribery, and official extortion, while explicitly retaining the death penalty for corruption perpetrators under defined circumstances.

He clarified that "certain circumstances" as outlined under Article 2 of the Corruption Law include national emergencies, natural disasters, repeated offenses, and economic crises. This principle has been similarly integrated into the new Criminal Code (KUHP).

"Even if the prosecutor demands the death penalty and the law justifies it, the judge is still obliged to consider whether the sentence is appropriate," Yusril said. "After weighing all circumstances, the judge may instead impose life imprisonment."

Addressing the MUI’s call to execute corruptors, Yusril suggested that curtailing systemic corruption is not just a question of statutory severity or the presence of law enforcement agencies.

According to Yusril, Indonesia already maintains a comprehensive institutional framework, including the death penalty provision within the Corruption Law, alongside active law enforcement agencies such as the Police, the Attorney General's Office, the Corruption Eradication Commission (KPK), regional corruption courts, and ad hoc Supreme Court justices. Yet, corruption persists.

Yusril remarked that corruption crosses all societal strata, involving everyone from ordinary citizens to law enforcement figures, including police officers, prosecutors, and judges. He also pointed out that even a former Minister of Religious Affairs was previously implicated in a corruption scandal.

"What is missing is religious ethics rooted in the principle of Belief in One Almighty God, or tawhid in Islam. Why are religious rituals increasing in frequency while morals remain underdeveloped? Is there something flawed in religious education, da'wah, and tabligh (Islamic outreach) so far? Have they become mere rituals that fail to touch the conscience, leaving people unable to distinguish right from wrong?" Yusril said.

Previously, the Indonesian Ulema Council (MUI) urged the government and the House of Representatives (DPR) to apply the death penalty to corruptors. According to the council, corruption in Indonesia has reached a state of national emergency requiring firm legal intervention.

MUI Deputy Chaiperson M. Cholil Nafis stated that corruption is no longer an isolated crime, but a pervasive crisis with systemic consequences for the state's survival. Therefore, he argued that implementing the death penalty represents a legitimate legal ijtihad (scholarly judgment) to establish a real deterrent.

"When the government makes an ijtihad (judgment) regarding corruptors who systematically disrupt state stability, under certain circumstances, the state may impose the death penalty. The goal is to deter them and prevent corruption from becoming ingrained in the culture," Cholil said, as quoted from the MUI website.

Furthermore, Cholil asserted that law enforcement in Indonesia must reflect common sense and prevailing public sentiment. He argued that when the public recognizes how corruption destroys the nation's future and impoverishes its people, the state must act.

"Whatever enters public discussion and becomes our common sense, or our unanimous opinion that this action is needed, the government must accommodate it, whether they like it or not," he said.

Cholil added that the MUI actively maintains dialogue with government officials regarding legal reform, including discussions on stringent penalties for crimes that threaten state stability. "We hold regular consultations. Just a few days ago, Pak Yusril visited the MUI to discuss two matters: the death penalty and LGBT regulations," he noted.

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