JAKARTA - The Corruption Eradication Commission (KPK) said Article 21 of the Anti-Corruption Law is important in an effort to eradicate corruption. One of them is to provide a deterrent effect for those who try to hinder the investigation of alleged corruption.
This was conveyed by KPK spokesman Budi Prasetyo when asked about the lawsuit related to Article 21 of the Corruption Act submitted by PDIP Secretary General Hasto Kristiyanto to the Constitutional Court (MK) on Thursday, July 24.
"The urgency of implementing the obstruction article for investigations in criminal acts of corruption is to ensure effective law enforcement and provide a deterrent for perpetrators of corruption and those who try to hinder the legal process," Budi told reporters at the KPK's Merah Putih building, Kuningan Persada, South Jakarta, Tuesday, July 29.
"This article also ensures that the investigation process runs smoothly without intervention that can damage the integrity of law enforcement," he continued.
The following is the full sound of Article 21 of the Anti-Corruption Law which Hasto sued to the Constitutional Court:
"Everyone who deliberately prevents, obstructs, or thwarts directly or indirectly the investigation, prosecution, and examination at trial of the suspect and defendant or witnesses in a corruption case, shall be punished with imprisonment for a minimum of three years and a maximum of twelve years and/or a fine of at least Rp. 150,000,000.00 and a maximum of Rp. 600,000,000.00."
Budi then said that his institution had ensnared a number of parties by using this article. "Among them are in the corruption case in the procurement of e-KTP and gratuities in Papua. Where the parties who were named as suspects at that time were found guilty and sentenced to a criminal sentence by the panel of judges," he said.
As for the e-KTP case, the KPK once charged Bimanesh Sutarjo, who is a doctor at Permata Hijau Hospital, Jakarta. He was sentenced to 3 years and a fine of Rp. 150 million for obstructing an investigation conducted on Setya Novanto in 2018.
At that time, Bimanesh was subject to Article 21 of the Anti-Corruption Law because it engineered Setya Novanto's health condition, such as making his own introductory letter to order the installation of infusions which turned out to be just affixed. These various actions aim to prevent the chairman of the DPR RI for the 2014-2019 period from being examined by KPK investigators.
Apart from Bimanesh, the KPK has also charged Fredrich Yunadi, who is Setya Novanto's lawyer with Article 21 of the Anti-Corruption Law in 2018. He was sentenced to 7 years in prison and a fine of Rp. 500 million, subsidiary to 5 months in prison.
This decision was made by the Jakarta Corruption Court Panel of Judges because he was proven to have engineered so that his client was treated at Medika Permata Hijau Hospital. Fredrich is said to have booked a room before Novanto had an accident.
Fredrich also asked the doctor at Permata Hijau Hospital to engineer Setya Novanto's medical data, who at that time was a suspect in the alleged corruption in the e-KTP procurement project. This effort is to avoid examining anti-corruption commission investigators.
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Meanwhile, in the alleged corruption case of former Papua Governor Lukas Enembe, the KPK ensnared Stefanus Roy Rening as a suspect in the obstruction of the investigation. He was later sentenced to 4.5 years in prison and a fine of Rp. 150 million, subsidiary to 3 months in prison.
Roy Rening is said to have given directions to the Director of PT Tabi Bangun Papua, Rijatono Lakka, in giving information to KPK investigators. Both are known to be bribers of Lukas Enembe.
Then, the lawyer, Lukas Enembe, also asked Rijatono Lakka to make a video clarifying the provision of Rp 1 billion which was given by transfer.
Roy is also said to have prevented Lukas Enembe from fulfilling the summons of KPK investigators. He also brought the masses to the Jayapura Mobile Brigade Headquarters to support Lukas Enembe and participated in a speech against the arrival of KPK investigators.
In that condition, a chain message circulated on social media with the issue of 'Save Lukas Enembe' and 'KPK Stop Criminalizing the Governor of Papua'. This condition made investigators then canceled examining Lukas Enembe.
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