JAKARTA - The Corruption Eradication Commission (KPK) said that the application of Article 2 Paragraph 2 of the Corruption Law concerning the death penalty for perpetrators of corruption related to disasters would not be applied to East Kolaka Regent Andi Merya Nur.
Deputy Chairperson of the KPK, Nurul Ghufron, said that the application of this article could not be carried out because the alleged corruption stemming from the sting operation (OTT) was related to bribery to win infrastructure development projects.
"What we caught was when we gave a gift or promise of goods in the form of Rp. 250 million in two stages, namely Rp. 25 million and Rp. 225 million, so that it was won at the stage of determining the consultant," said Ghufron in a press conference broadcast on the KPK RI YouTube, Wednesday, September 22. .
Ghufron explained that Andi received a bribe from the Head of the East Kolaka BPBD, Anzarullah so that his company received two projects that came from a grant from the National Disaster Management Agency (BNPB). However, both of them were caught in a hand arrest operation (OTT) during the selection process.
On that basis, Andi and Anzarullah are free from the death penalty. Ghufron said that if the two actions had resulted in the validation of the winner, the use of Article 2 paragraph 2 of the Anti-Corruption Law could be used.
"Unless the process of determining the consultant has already taken place, and then there is a violation of the law because this bribery can only be entered into Article 2 paragraph 2. However, this is ongoing," said Ghufron.
Even so, Ghufron did not rule out the possibility of using the death penalty for both of them during the investigation of the case later. The KPK, he said, ensured that it would not indiscriminately investigate this corruption allegation.
"Will it be possible to proceed to Article 2 paragraph 2, of course we will still process it further? This is a bribe for the ongoing winning process, it has not been completed," said Ghufron.
This case began in September 2021. Andi and Anzarullah initially applied for logistics and equipment grants to the Central BNPB in Jakarta.
From this request, East Kolaka received a relocation and reconstruction grant of Rp. 26.9 billion. Kolaka Timur also received a ready-to-use grant of Rp. 12.1 billion.
After getting the funds, Anzarullah asked Andi to arrange some physical work projects carried out by his company. From this collusion, an agreement emerged for consulting services for the construction of two bridges in Ueesi District, and Anzarullah's consulting services for the construction of one hundred houses in Uluiwoi District.
Andi then complied with the request and was promised to get a fee of 30 percent of the project consulting services carried out by Anzarullah company people.
Furthermore, Andi ordered his staff to win the project consulting services requested by Anzarullah. From the conspiracy, Andi is alleged to have received Rp250 million, which was given in stages from Anzarullah.
For his actions, Anzarullah as the giver is suspected of violating Article 5 paragraph (1) letter a or Article 5 paragraph (1) letter b or Article 13 of the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by the Law of the Republic of Indonesia. Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption.
Meanwhile, Andi as the recipient was suspected of violating Article 12 letter (a) or Article 12 letter (b) or Article 11 of the Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption.
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