JAKARTA - The application for Justice Collaborative (JC) former Commitment Officer (PPK) of the Ministry of Social Affairs, Matheus Joko Santoso, is considered to have the potential to cause a conflict of interest.
This is because Matheus Joko is a defendant and also a witness to the crown in the alleged bribery case for the procurement of Covid-19 social assistance. This was conveyed by a criminal law expert at Airlangga University, Nur Basuki Minarno when he was an expert at the Jakarta Corruption Court.
"If the witness was crowned, because he saw a conflict of interest between the person concerned playing as a witness, it was against his interests when he presented himself as a defendant. This must be observed, in the Criminal Procedure Code it seems that it is prohibited", said Basuki quoted Tuesday, June 29.
"Actually, in the Criminal Procedure Code, if someone commits a criminal act, it should be merged, not divided. If it is divided, the effect will be a witness to the crown, we are talking in general if a defendant is a witness, his instincts will protect himself", he continued.
He asked the Panel of Judges to pay close attention to the testimonies in each trial process. You can't just give JC, especially to the defendant.
"You have to really pay attention to the information that is really in his position as a witness and a defendant", said Basuki.
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Meanwhile, Juliari Peter Batubara's lawyer, Maqdir Ismail stated that justice collaborator can only be given to people who are not the main actors. The position as a Justice Collaborator was requested by Matheus Joko Santoso, because of the information he exposed other perpetrators in a crime and the reward he received was a promise of leniency.
"The granting of this status will destroy the bargaining system required by the position of justice collaborator. There would not be this case if there was no arrest of Matheus Joko Santoso", said Maqdir.
Maqdir said that justice collaborators who were sold at the price of testimony should be considered as buying and selling testimony. So that the value of the testimony is no longer objective because Matheus Joko Santoso testifies only with the lure of payment in the form of justice collaborator status.
In fact, he emphasized that the status of justice collaborator can only be given to people who are not the main actors, and strong suspicion that in this social assistance case is Matheus Joko Santoso.
"KPK grants justice collaborator status not to reveal material truth, but to get payment from Matheus Joko Santoso in the form of testimony. Thus, when the status as a justice collaborator is assigned to Matheus Joko Santoso, this action violates the law", he concluded.
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