KPK Note: 65 Corruption Convicts Submit PK Throughout 2020

JAKARTA - The Corruption Eradication Commission (KPK) said that throughout 2020, there were 65 convicts in corruption cases who submitted legal reconsiderations (PK) to the Supreme Court (MA). This phenomenon has often occurred since August 2020 until now.

"Based on the KPK's own records, there are around 65 corruption convicts who filed extraordinary legal action, namely PK," said Acting KPK spokesman Ali Fikri in an online discussion entitled PK Don't Become Asylum, Friday, January 22.

The KPK understands that PK submission is the right of the convicted person. However, the KPK also felt the concern that PK would become a mode to reduce the sentence period because many convicts immediately filed a PK without appeal or cassation.

"The previous one was at the first level PN level, then at the appeal level, then at the cassation level, after that they submitted a PK, but lately these convicts have received a verdict at the first level or the Corruption Court, then execution, several months later. , this is an interesting calculation also in the month, that they filed extraordinary legal remedies through the PK, "he said.

In addition, Ali also assessed that some of the Supreme Court's decisions granted the PK and reduced the punishment for corruption convicts. "Some circles also see the PK decision as lowering the punishment of the corruptors," he said.

In the same discussion, Deputy Chief Justice of the Supreme Court (MA) for Judicial Affairs Andi Samsan Nganro then denied that the PK judges randomly granted the petition submitted by the convicted corruption. He said, there were at least three reasons why the judges granted the request and one of them was the disparity of sentences.

"Based on our observations related to the reduced crime based on the PK decision, there are basically 3 reasons why it was granted, first because of disparity in punishment," said Andi.

"The facts show that there were criminal acts committed by several people, but in court proceedings some of the files were filed separately even though in essence the criminal acts were committed by several people so that the examination was also separate and the results of the case examination were not filed simultaneously," he added.

This is what makes there convicts who have been terminated first and some who have not. In addition, the panel of judges who hears can also be different at the first level, appeal or cassation, so that they decide different decisions.

"So there are convicts who feel that the punishment is heavier even though the act is the same, then there are also those who have returned the proceeds of crime but feel the punishment is also heavy, now that is used as an excuse for PK," he said.

The second reason the Supreme Court granted the PK convicted of corruption was because it found that the convict was not the main perpetrator but that the sentence was even heavier while the main perpetrator was actually lightly punished.

Meanwhile, the last reason is the development of legal conditions. "Including the last 10 years there has been a shift in the application of the law that has evolved demanding innovation for benefit," said Andi.

Andi denied the opinion that his party often gave penalty deductions through the PK decision. Because, according to the data it has, only 8 percent of PK applications are granted.

"So there are still 92 percent who were rejected, sir," he said.

"Indeed, our duty is to enforce law and justice, of course justice for all. Justice for victims, the state, justice for the convicted. We consider all, synergize all to produce a decision based on consideration," he concluded.