Could The Death Penalty Be Applied To Two Former Ministers Of Jokowi?

JAKARTA - The polemic about the death penalty for former Minister of Maritime Affairs and Fisheries Edhy Prabowo and former Minister of Social Affairs Juliari Peter Batubara has been heard again.

This crowd begins with the statement of Deputy Minister of Law and Human Rights (Wamekumham) Edward Omar Sharif Hiariej. When speaking at the National Seminar: Critical Analysis of the Direction of Formation and Law Enforcement in the Pandemic Period on Tuesday, February 16, he considered two former Ministers of President Joko Widodo (Jokowi) deserving of the death penalty.

He reasoned that both of them could be sentenced to death for engaging in corrupt practices in the midst of the COVID-19 pandemic and taking advantage of their positions.

"The two former ministers (Edhy Prabowo and Juliari Batubara, red) committed acts of corruption which were subsequently exposed to the KPK OTT. For me they deserve to be prosecuted for Article 2 Paragraph 2 of the Corruption Crime Law (Tipikor), which amounts to death penalty," he said. Omar at the event.

"So those two are burdensome and that is more than enough with Article 2 Paragraph 2 of the Corruption Act," he added.

Former Chairman of the Corruption Eradication Commission (KPK) Abraham Samad agreed with the proposal to apply the death penalty to the two corruption suspects. He said the death penalty could have a deterrent effect on those who intend to commit corrupt practices.

"The death penalty has a deterrent effect. So that people will no longer have the courage to take actions detrimental to many parties," Abraham Samad told reporters, Wednesday, February 17.

The death penalty, he continued, could also be used because Edhy and Juliari were corrupt in the midst of community difficulties due to the COVID-19 pandemic. In addition, as representatives of the government, both of them have a burden to solve society's difficulties, rather than committing corruption.

He considered that the KPK should consider the proposal submitted by Deputy Minister of Law and Human Rights Edward Omar. This is so that people do not dare to do corruption again.

"In my opinion, what was conveyed needs to be considered by the KPK, in order to demand the death penalty for these two people," he said.

A criminal law expert from Trisakti University, Abdul Fickar Hadjar, assessed that Article 2 of the Corruption Act Number 31 of 1999 does include the death penalty for criminals, especially at certain times such as the COVID-19 pandemic.

However, what needs to be remembered in the 1945 Constitution Article 28i also regulates the right to life. Thus, he is more agreeable if former Minister of Maritime Affairs and Fisheries Edhy Prabowo and former Minister of Social Affairs Juliari Peter Batubara are sentenced to life imprisonment without being granted remission rights or reduced sentences.

"I strongly agree with the corruptors Edhy Prabowo and Juliari Batubara being sentenced to life imprisonment," said Fickar in a written statement to reporters, Wednesday, February 17.

Acting Spokesperson for the Corruption Eradication Committee Ali Fikri confirmed that Juliari and Edhy Prabowo could normatively be sentenced to death if they refer to the Corruption Law Article 2 Paragraph 2. He said that the application of this punishment could not only depend on this article, but also all elements in other articles as well. must be fulfilled.

"Normatively in the Corruption Act, especially Article 2 Paragraph (2) the death penalty is clearly regulated and applicable. However, it is not only a matter of fact because of the proven elements of certain circumstances to demand the death penalty, but of course all elements of Article 2 Paragraph (1). also must be fulfilled, "said Ali in a written statement.

The KPK understands that the public is waiting for the resolution of these two cases, including the matter of punishment for the perpetrators. Thus, in these two different cases the suspects were charged under the article on alleged bribery, which carries a maximum sentence of life imprisonment in accordance with the Corruption Act.

"We also need to convey that all cases resulting from the arrests of the hands of the Corruption Eradication Commission begin with the application of articles related to suspected bribery," said Ali.

Later, from this development, the Corruption Eradication Commission could apply Article 2 or 3 of the Corruption Act and even the application of other statutory provisions, such as the Crime of Money Laundering (TPPU). Ali said that sufficient preliminary evidence is still needed to apply the article.

He confirmed that the two cases were still under investigation. In addition, Ali also said that he would inform the public about the progress of handling this case.

"We ensure that we always inform the public about the progress regarding the settlement of the two KPK arrests," he said.

Former Minister of Maritime Affairs and Fisheries Edhy Prabowo is a suspect in receiving bribes related to the export of lobster fries or seeds. The suspect's determination was carried out after he was caught in a hand arrest operation (OTT) after returning from a visit to the United States.

In the case of the export bribery of shrimp fry or lobster seeds, Edhy Prabowo was named a suspect in receiving bribes along with five other people, namely: Stafsus Minister of KKP Safri (SAF) and Andreau Pribadi Misanta (APM); Management of PT Aero Citra Kargo (PT ACK) Siswadi (SWD); The staff of the wife of the Minister of KKP, Ainul Faqih, and Amiril Mukminin (AM).

Meanwhile, Juliari was named a suspect after the KPK arrested his subordinates in a silent operation. He was designated as a recipient of bribes related to the provision of COVID-19 social assistance (bansos) in the Jabodetabek area.

The anti-corruption commission also named four other suspects, namely the Commitment Making Officer at the Ministry of Social Affairs (PPK) MJS and AW as the recipient of the bribe and AIM and HS as the giver of the bribe.