Pinangki Still A Civil Servant And Receives Salary, MAKI Coordinator Boyamin: Just Remove The Attorney General

Defendant in the case of accepting bribes from Djoko Tjandra related to the administration of the fatwa of the Supreme Court (MA), Pinangki Sirna Malasari. (Photo: Doc. Antara)

JAKARTA - Even though he has been sent to the Tangerang Women's Prison, the status of Pinangki prosecutor Sirna Malasari as a State Civil Apparatus (ASN) or PNS is still attached.

The Coordinator of the Anti-Corruption Society (MAKI), Boyamin Saiman, said that Pinangki should have been dishonorably dismissed, so that the state does not pay a corruptor.

"Until now (Pinangki) has not been removed from his civil servant. He should have committed a criminal act of corruption and should have been immediately processed to be dishonorably discharged," said Boyamin at the Mata Najwa event, Wednesday, August 4.

He also regretted the attitude of Attorney General ST Burhanuddin who did not immediately fire Pinangki.

"According to the provisions of the law, if the person who commits corruption has received an inkrah decision (with permanent legal force) then he is immediately dismissed with disrespect. Just remove the Attorney General," Boyamin said when confirmed by reporters, on Thursday, August 5.

According to him, if the Attorney General argues that it is still in the process, it is just an excuse. Should, he said, dismissal with disrespect can be done within a time or days administratively.

"I've seen other prosecutors who were dishonorably dismissed for committing a crime whose punishment was even higher, and this was also another prosecutor who was dishonorably dismissed because he was suspected of corruption, the verdict was inkrah," he said.

"So I think what happened to Pinangki, was indeed another privilege that he got because he was not immediately dismissed. For whatever reason, Pinangki's not being dismissed means that he is still entitled to a salary, even though it is only his basic salary which amounts to a percentage of his total salary," he continued.

He said the issue of whether Pinangki received or not the salary was another matter. However, the main problem is that the country that has been harmed by this action still has to budget for the salary for Pinangki.

However, Boyamin said he had not yet found out whether Pinangki also received a salary this month and the previous months during his detention.

"But as long as it has not been dishonorably dismissed, it should still receive a salary," he said.

Regarding whether Pinangki still receives a salary or not as a civil servant, it is stated in BKN Regulation Number 3 of 2020 concerning Technical Instructions for Dismissing Civil Servants.

In Article 40 paragraph (1) it is explained that the temporary suspension of civil servants who are detained for being suspects of criminal acts is effective from the time the civil servants are detained. Then, in paragraph (4) mentions that civil servants who are temporarily dismissed as referred to in paragraph (1) will not be given income.

However, in paragraph (5) it is written that a civil servant who is temporarily dismissed as referred to in paragraph (1) will be given temporary dismissal money. The money for dismissal is stated in paragraph (6) which reads "The money for temporary dismissal as referred to in paragraph (5) is given at 50 percent of the income from the last position as a civil servant before being temporarily dismissed in accordance with the provisions of the legislation."

While in paragraph (7) it states that, the income for the last position as referred to in paragraph (6) consists of basic salary, family allowances, food allowances and general expensive allowances if any until the stipulation of government regulations governing the salaries, allowances and facilities of civil servants based on Law Number 5 of 2014 concerning State Civil Apparatus.

Then in paragraph (8) it is explained that the money for temporary dismissal as referred to in paragraph (5) is given in the following month after the stipulation of the temporary suspension. Then, paragraph (9) states that this temporary suspension is valid until (a) the suspect is released by a warrant to terminate the investigation or prosecution by the competent authority, or (b) the issuance of a court decision with permanent legal force.

Previously, the Kapuspenkum of the Attorney General's Office, Leonard Eben Ezer Simanjuntak, said that Pinangki was still temporarily suspended until the verdict was Inkracht (permanent).

He said that the Pinangki prosecutor had the status of being temporarily dismissed as an ASN and the Head of the Monitoring and Evaluation II Subdivision at the Planning Bureau of the Deputy Attorney General for Guidance at the AGO.

"The person concerned is temporarily dismissed from the position of a civil servant, then automatically the positions attached to the civil servant will also temporarily stop," said Leonard, last Wednesday, June 16, 2021.

In this case, Pinangki was proven to have committed three crimes, such as accepting bribes from Djoko Tjandra, Money Laundering (TPPU) and conspiracy.

It is known that previously the Jakarta Corruption Court sentenced Pinangki Sirna Malasari to 10 years in prison and was sentenced to pay a fine of Rp 600 million, subsidiary to 6 months in prison.

However, the DKI Jakarta High Court at the appeal hearing on Monday, June 14 2021, cut Pinangki's sentence from 10 years to four years. One of the reasons the judge cut the sentence was that the defendant as a woman must receive attention, protection, and be treated fairly.

However, the Attorney General's Office decided not to file an appeal regarding the decision of the DKI Jakarta High Court which cut the sentence of Pinangki prosecutor Sirna Malasari from 10 years to 4 years in prison.