JAKARTA - A former judge, Asep Iwan Iriawan said that Akidi Tio's family's fraudulent Rp2 trillion donation did not fulfill a criminal element.
He considers that this case is similar to the promise of legislative candidates to attract public votes during elections with promises that will not necessarily be kept.
"The easiest thing is to compare it with the members of the council during the legislative elections. Right before the election, all of them made cheesy promises. Did they fulfill (the criminal article)? They didn't fulfill it either. There were a lot of lies. Just like that," said Iwan in a virtual discussion, Sunday, August 8th.
Iwan then dissects the criminal article in the Criminal Procedure Code (KUHP) related to lies in the case of Akidi Tio's donation. If you refer to the article on fraud, 378, it is not fulfilled.
"Our Criminal Code says that it can be punished under Article 378 of fraud, namely against rights, benefiting yourself or others. Well, lies are not fulfilled in those three elements," he said.
Then, if you refer to Law Number 1 of 1946 concerning the Criminal Law Regulations, lying can be charged in Articles 14 and 15. In these articles, the criminal can be charged with spreading false news that causes trouble.
The question is, did the Akidi Tio family's fraudulent donation case cause trouble? Ivan thinks no. In fact, he sees this case as a joke.
"The problem is, did someone hand over something cause trouble? No. Was there a riot, was it noisy? You haven't seen it yet. The problem is now it's a joke, a prank. What is there is a laughing stock, why do you want to be lied to," he said.
Moreover, Iwan said that the South Sumatra Police Chief Inspector General Eko Indra Heri as the recipient of the donation could first investigate the truth of the fantastic amount of money. This is because donations are submitted through a bilyet giro.
"When the giro bilyet forms, actually there is 70 days to check. Can book transfers, transactions, and profile checks (Akidi Tio) have been received. Has the recipient received the money yet? What happened was press conferences, celebrations, so we seemed to be pranked , said Ivan.
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