Submitting Amicus Curiae Judicial Review Of Corruption Law, Former KPK Commissioner: Support Application To Revoke Articles 2 And 3

Photo: Diah Ayu-VOI

JAKARTA - A total of 24 people applied as amicus theft (court friends) related to judicial reviews of Article 2 paragraph (1) and Article 3 of Law Number 20 of 2021 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption (Corruption Law).

One of the applicants for the amicus crime to the Constitutional Court (MK) is the former Commissioner of the Corruption Eradication Commission (KPK), Erry Riyana Hardjapamekas.

Erry along with dozens of academics on behalf of the Justice Corruption Eradication Movement expressed support for judicial applicants for Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law.

"Amicus steals this supports the Judicial Review application which asks the Constitutional Court to revoke Article 2 and Article 3. Why? Because we feel that Article 3 in its implementation is less focused on bribery," Erry said at a press conference in Jakarta, Wednesday, August 27.

Article 2 paragraph (1) of the Anti-Corruption Law emphasizes two main elements, namely unlawful acts and the impact of state financial losses or the state economy.

Meanwhile, Article 3 of the Anti-Corruption Law regulates the abuse of authority, opportunity, or facilities that exist in a person because of his position, which results in the loss of state finances or the country's economy.

According to Erry, the eradication of corruption that occurred in Indonesia had gone wrong and was actually ineffective. Corruption is no longer seen as an act with the intention of gaining profits in illegal ways, but limited to all actions that are seen as detrimental to state finances.

"We agree that corruption will basically result in losses to the state, either directly or indirectly. However, it does not mean that every act that losses state finances or the country's economy is a criminal act of corruption," explained Erry.

"There should be malicious intent, it must be proven in court that there are bribes, benefiting yourself, it means. That everything is detrimental to state finances, yes. But don't just focus on state financial losses," he added.

It is known that the request for judicial review was submitted to the Constitutional Court (MK) by Syahril Japarin (former President Director of Perum Perindo), Kukuh Kertasafari (former employee of Chevron Indonesia), Nur Alam (former Governor of Southeast Sulawesi), and Hotashi Nababan (former President Director of Merpati Airlines).

The applicants for the judicial review, admitted Erry, were indeed people who had been caught in corruption and had served their sentence. However, Erry agrees with their judicial review material.

"There is absolutely no intention to defend corruptors, at all yes. That the applicant is a convict, yes. But the person concerned has already carried out his sentence and so on," he added.