The Constitutional Court Rejects The Provision Of Postponement Of Investigation Of The President Director Of PT Taspen Inactive

The inactive President Director of PT Taspen (Persero) Antonius NS Kosasih/DOK ANTARA

JAKARTA - The Constitutional Court rejected the request for the provision of the inactive President Director of PT Taspen Antonius NS who asked for the postponement of the KPK investigation against him related to the alleged corruption case with a fictitious investment mode at PT Taspen (Persero) in the 2019 fiscal year.

"Rejecting the petitioner's provision petition, rejecting the petitioner's application in its entirety," said Chief Justice of the Constitutional Court Suhartoyo in the trial for the pronunciation of Case Decision Number 114/PUU-XXII/2024 in Jakarta, Antara, Wednesday, October 16.

Antonius NS, in his provisional petition, asked the Constitutional Court to impose a provision that basically ordered the KPK to postpone his investigation.

In addition, Antonius also submitted an application to test the norms of Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001. This is because he feels that there is an uncertainty in the elements which are criminal acts, civil acts, or administration.

Regarding the petition, the Constitutional Court stated that it would decide on a provision request in conjunction with the decision to review the norms of Article 2 paragraph (1) and Article 3 of the Corruption Eradication Law.

"The provision application will be decided by a final decision and on the norms of the law requested for testing so that they can immediately get legal certainty," said constitutional judge Enny Nurbaningsih.

In its consideration, the Court assessed that Article 2 of the Corruption Eradication Law contained elements, namely "every person"; "enriching oneself, others, or a corporation"; "against the law"; and "harming state finances or the country's economy".

Furthermore, Article 3 of the Corruption Eradication Law also contains elements, such as "EACH person"; "with the aim of benefiting oneself or others or corporations"; "using authority, opportunity, or facilities due to position or position"; and "Losing state finances or the country's economy".

Thus, the Constitutional Court stated that the provisions of the norms of Article 2 paragraph (1) and Article 3 of the Corruption Eradication Law have provided legal certainty, and have provided a sense of security and protection from the threat of fear to do or not do something.

Therefore, the Constitutional Court stated that Antonius' arguments were not legally justified in their entirety. The KPK's investigation into Antonius NS continues.

At the end of the first quarter of 2024, the KPK announced that it had started investigating cases of alleged corruption with a fictitious investment mode at PT Taspen (Persero) and placing investment funds of IDR 1 trillion.

The impact of investigating cases of alleged corruption with a fictitious investment mode at PT Taspen (Persero) in the 2019 fiscal year is the deactivation of the President Director of PT Taspen (Persero) Antonius NS Kosasih by the Minister of State-Owned Enterprises (BUMN) Erick Thohir.

Antonius then underwent an examination of his policy as Director of Investment and Chairman of the Investment Committee in recommending the placement of PT Taspen (Persero) funds of IDR 1 trillion.

Examination of Kosasih related to his position as Investment Director of PT Taspen in 2019-2020 and his position as President Director of PT Taspen in 2020-2024.