JAKARTA - The Corruption Eradication Commission (KPK) said there was no legal certainty regarding the bribery and gratification case that ensnared Lukas Enembe, who had died. This is because the former governor of Papua lost an appeal but has not yet stated that he has accepted the verdict.
"In the context of his case, Mr. Enembe died when the case was decided in the High Court. Well, he has not yet stated an appeal and has not existed until now so there is no legal certainty,” said KPK Deputy Chair Johanis Tanak as quoted from the Indonesian KPK YouTube, Thursday, January 18.
Johanis then explained that the option to file an appeal had actually expired. However, there are no rules that clearly regulate conditions like this.
So that in the future, the anti-corruption commission wants to ask the Supreme Court (MA) for a fatwa. This request is intended so that the case against Lukas can have permanent legal force.
"“We'll try asking for a fatwa, how good it is. Whether it's considered inkrah,” he said.
Legal force remains important, said Johanis. Because, they will carry out an appeal decision order to return the state losses incurred.
In addition, another step that can be taken is to sue civilly. “ In order to return state money can be done because of corruption related to state losses, ” he said.
Previously reported, Lukas Enembe died on December 26, 2023 at the Gatot Soebroto Army Hospital, Jakarta due to illness. However, he was still a defendant because he lost when filing an appeal at the DKI Jakarta High Court.
By PT DKI Jakarta, Lukas' sentence was increased to 10 years from eight years in prison at the first level of the trial. He was found guilty of bribery and gratification in project procurement in Papua.
In addition, PT DKI Jakarta also required Lukas to pay a fine of Rp. 1 billion, subsidiary to four months in prison and pay compensation of Rp. 47.8 billion.
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