Corruption Defendant Lukas Enembe Has Gone, But State Losses Are Not Necessarily Back

Residents carry the coffin of former Papua Governor Lukas Enembe to a burial place in the district of Central Koya, Jayapura, Papua, Thursday (12/28/2023). (Between/Gusti Tanati/Spt)

JAKARTA - Former Papua Governor Lukas Enembe passed away on Tuesday (26/12/2023) at the Gatot Subroto Army Hospital, Jakarta. The body of the former Papuan Governor who was undergoing a corruption case trial was buried in Jayapura two days later.

The death of Lukas Enembe became public attention, because he died as a convict of a corruption case. As is known, Lukas Enembe is currently undergoing trial in Jakarta for the corruption case that ensnared him.

The former Papuan governor's health condition continued to decline during the trial period and he was hospitalized.

Not long ago, Lukas Enembe was found guilty by the Panel of Judges at the Corruption Court (Tipikor) at the Central Jakarta Court and the DKI Jakarta High Court.

The Corruption Eradication Commission (KPK) also charged Lukas Enembe as a suspect in the money laundering case (TPPU).

The public then wondered how the corruption case involving Lukas Enembe after he died? Did the case just stop?

The DKI Jakarta High Court sentenced Lukas Enembe to 10 years in prison and a fine of Rp. 1 billion, subsidiary to four months in prison for the corruption case that ensnared Lukas Enembe. The former governor of Papua was also required to pay compensation of Rp. 47.8 billion for the state losses incurred.

But all the criminal penalties handed down to Lukas Enembe died after he died on December 26, 2023. This was revealed by a criminal law observer from Trisakti University, Abdul Fickar Hadjar.

Fickar said that the criminal responsibility of a defendant in the alleged corruption case died after he died. This is because the case of alleged bribery and gratification that ensnared Lukas Enembe has no permanent legal force or commitment.

"With the death of a person, 'in cash' Lukas Enembe, all criminal charges against him will be removed by itself, including criminal charges to return the proceeds of corruption," said Fickar, as quoted by Kompas.

In line with Fickar, the Coordinator of the Anti-Corruption Society (MAKI) Boyamin Saiman also emphasized that the criminal case of Lukas Enembe was stopped. The mechanism regarding the death of criminal liability has been regulated in Article 77 of the Criminal Procedure Code (KUHP).

"For criminal cases, based on the provisions of the Criminal Code, articles 77 and 85, because he died, the prosecution was stopped or no sentence could be applied or there was no authority to carry out the crime," Boyamin told VOI.

Although the criminal case of Lukas Enembe was stopped due to death, the state was still able to make demands in the form of compensation for the suspect and the defendant who had died.

The compensation for state losses can be made with a civil lawsuit to the District Court. Boyamin emphasized that the demand for civil compensation is in accordance with Articles 33 and 34 of Law Number 31 of 1999 concerning the Eradication of Corruption.

"Against the suspect and the defendant who died, a civil lawsuit can be filed to compensate for the loss, if state money is found in it," said Boyamin.

However, according to Fickar, the proof of the actions of the defendant who has died about causing losses to the state is not an easy matter.

Because to demand this, the state must be able to directly prove the existence of state assets that have been taken and renamed in the name of the defendant and his family.

"Criminal responsibility is personal, its responsibility cannot be transferred or inherited to its family. Therefore, if the state wants assets resulting from corruption controlled by its heirs, it will not be easy," said Fickar.

"It is difficult to prove directly that there are assets resulting from criminal acts of corruption because it can no longer be proven that the defendant or the perpetrator has died before a decision has legal force," he said.

In addition, Fickar said the KPK must also return the confiscated and blocked assets from Lukas Enembe, because his criminal responsibility died after he died.

The KPK has blocked an account containing Rp. 76.2 billion related to the Lukas case. This anti-corruption agency has also confiscated the assets and money of Lukas Enembe worth more than Rp. 144.5 billion.

"All assets that have been confiscated by law enforcement, including by the KPK, must be returned to their families or heirs," said Fickar.

"KPK can sue civilly, but the important thing is, before there is a court decision that remains that the assets belong to the state, must be returned to the family or heirs," he explained.

Contacted separately, a political observer from the Indonesia Political Opinion (IPO), Dedi Kurnia Syah, hopes that the KPK will not simply stop all cases that ensnared this Democratic Party politician. According to Dedi, it is impossible in corruption cases to involve only one person.

"Stopping the case against Lukas Enembe is correct, because it is in accordance with the law. However, if you stop what is meant is to stop completely, it will not be continued to parties who allow having correlations and the like, this is wrong," said Dedi when contacted by VOI.

"The KPK should not have stopped the case of Lukas Enembe, but stopped the process against Luka Enembe, if the case itself could not be stopped because it was impossible for the case to be carried out by one person," Dedi added.