Minister Of Social Affairs Juliari Charged With Article 12 Of The Corruption Act Not Article 2, Which Threats The Death Penalty, This Is The Explanation Of The KPK

JAKARTA - The KPK has named Social Minister Juliari Batubara as a suspect in the corruption of COVID-19 social assistance. The Minister of Social Affairs is suspected of receiving fees of up to tens of billions from partner companies in providing social assistance packages for basic food packages.

KPK Chairman Firli Bahuri said Social Minister Juliari Batubara was charged with Article 12 letter a or Article 12 letter b or Article 11 of Law Number 20/2001 concerning Eradication of Corruption in conjunction with Article 55 paragraph 1 of the Criminal Code.

This article carries a maximum imprisonment of life or a minimum of 4 years in relation to state administrators who receive gifts or promises related to positions that are contrary to their obligations.

So what does the KPK say about the study of the application of Article 2 paragraph 2 of the Corruption Eradication Law related to the COVID-19 social assistance OTT? This article states that criminal acts of corruption committed in certain circumstances - such as a national natural disaster or an economic crisis - are punishable by death penalty.

"We understand that in the provisions of Law 31/1999, Article 2 concerning the procurement of goods and services, whoever commits an act deliberately enriches himself or another person by violating the law which results in the benefit of himself and others, thus causing losses to the state. In paragraph 2, there is a threat of the death penalty, ”said Firli in a question and answer session at the OTT press conference for the COVID-19 social assistance corruption case at the KPK building, Sunday, December 6 in the morning.

Firli called the COVID-19 pandemic declared by the government a disaster. In essence, Firli emphasized that the KPK was still working on the goods and services mechanism in relation to the COVID-19 social assistance case.

For information, President Joko Widodo designated COVID-19 as a national disaster through Presidential Decree No.12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of COVID-19 as a National Disaster in early April 2020.

"Of course later we will work based on witness testimony and evidence whether it can be included in Article 2 of Law 31 of 1999. I think we still have to work hard to prove whether or not there is a criminal act that inflicts state money as referred to in Article 2. Tonight what we are doing this OTT is a criminal act in the form of receiving something by state officials. So that's first, "said Firli to reporters.