KPK Prosecutor Asks Judges To Take Refunds Of Democratic Politician Andi Arief

JAKARTA - The KPK Public Prosecutor asked the Samarinda Corruption Court to seize the money returned by Democratic Party politician Andi Arief worth IDR 50 million in the bribery case for the inactive North Penajam Paser Regent Abdul Gafur Mas'ud.

"Deciding Andi Arief's refund of IDR 50 million during the trial process was confiscated for the state," said KPK Public Prosecutor Ferdian Adi Nugroho at the Samarinda Corruption Court, East Kalimantan, reported by ANTARA, Monday, August 22.

The Corruption Eradication Commission (KPK) Prosecutor made this statement when reading out the indictment against the inactive North Penajam Paser Regent (PPU) Abdul Gafur Mas'ud and the General Treasurer of the Democratic Party Branch Leadership Council (DPC) Nur Afifah Balqis.

According to the prosecutor, based on the facts of the trial, it was revealed that Abdul Gafur received a total of IDR 5.7 billion in bribes in the alleged criminal act of accepting bribes to arrange work packages for the 2020 and 2021 FYs in PPU Regency.

Abdul Gafur then gave some of the money he received in the amount of IDR 150 million to Andi Arief of IDR 50 million to Jemmy Setiawan, and IDR 50 million to Syarif Mahmud Melvien Alkadrie.

"In front of the trial Andi Arief admitted that the gift was given, but the amount was only IDR 50 million which is not in accordance with the statements of defendant I Abdul Gafur Mas'ud, defendant II Nur Afifah Balqis, and Risky Amanda Putra who explained that the gift to Andi Arief is IDR 150 million," added the prosecutor.

Andi Arief returned the money through the KPK escrow account amounting to IDR 50 million on July 21, 2022.

Considering the provisions in Supreme Court Regulation (Perma) No. 5 of 2014 concerning the Additional Penalty of Compensation in Corruption Cases in Article 6 which stipulates that substitute money can only be imposed on the defendant in the case concerned, so according to the KPK Prosecutor, it is appropriate that the remaining money must be paid by Abdul Gafur Mas'ud.

"Similarly, the IDR 50 million that was given to Syarif Mahmud Melvin Alkadrie should be charged to defendant I Abdul Gafur Mas'ud," added the prosecutor.

During the trial, it was revealed that there was an asset purchase in the form of a piece of land with an area of 1,335 square meters in Mamboro Village, North Palu District, Palu City, Central Sulawesi on behalf of Nur Afifah Balqis.

"The Public Prosecutor believes that the source of the purchase of this land came from an account in the name of Nur Afifah Balqis which is an account for holding money belonging to defendant I Abdul Gafur Mas'ud, so it is appropriate that if the assets are confiscated then the auction proceeds are compensated with the amount of replacement money that must be paid by Defendant I Abdul Gafur Mas'ud," said the prosecutor.

In this case, the KPK prosecutor demanded that Abdul Gafur Mas'ud be sentenced to 8 years in prison and a fine of IDR 300 million subsidiary 6 months in prison plus the obligation to pay replacement money of IDR 4,179,200,000 less the auction proceeds of a plot of land along with its certificate and the goods purchased by Nur Afifah. Balqis consists of 1 Hermes Fragrance-Eau Des Merveilles, 1 shirt brand ZARA size M, and 1 Hat-Bob Dior.

If Abdul Gafur does not pay the replacement money within 1 month after the court's decision has obtained permanent legal force, then his property can be confiscated by the prosecutor and auctioned off to cover the replacement money and if the defendant's assets are not sufficient, he will be sentenced to 3 years imprisonment.

Prosecutors are also still asking that Abdul Gafur Mas'ud be revoked his right to be elected in public office elections for 5 years from the time he finishes serving his main sentence.

Meanwhile, Nur Afifah Balqis was sentenced to 5.5 years in prison and a fine of IDR 300 million, subsidiary to 6 months in prison.