Jakarta, hitclubapk3 Indonesia
—
Secretary General of Transparency International Indonesia (TII) Danang Widoyoko believes that it is time for Article 2 or Article 3 of the Corruption Eradication Law (UU Tipikor) which regulates state losses to be amended or revised.
He considers this article to sweep the world and can ensnare anyone.
This was conveyed by Danang in the discussion agenda
Prime Plus hitclubapk3 Indonesia TV
with the theme ‘Corporate Decision Leads to Prison Sentence’, Monday (24/11) evening.
ADVERTISEMENT
SCROLL TO CONTINUE WITH CONTENT
“Why does it need to be revised? Because the politics and law are different. The politics and law now are no longer under democratic rule. I am actually worried that it will lead to authoritarianism, and in authoritarian countries, the anti-corruption article is very effective in silencing those who are critical,” said Danang.
He views that the prosecution of suspected corruption cases has led to silence.
“Tom Lembong (former Minister of Trade who was prosecuted for alleged corruption in sugar imports) for example. In this case (the case of the acquisition of PT Jembatan Nusantara by PT ASDP) I don’t know exactly who is behind it, but these articles will be used more and more under the current political-legal powers,” he said.
Meanwhile, University of Indonesia (UI) Criminal Law Expert Aristo Pangaribuan stated the conflict between principles
Business Judgment Rules
(BJR) with very few criminal acts of corruption (tipikor).
According to him, the article on state losses in the Corruption Law has a very broad scope.
“It’s not a requirement that he not accept
kickback
(bribery) is not a criminal act of corruption.”This means, as I said, this article functions like a trawl,” said Aristo.
“He [Article] not only catches fish, but also catches marine biota which is actually useful for the ecosystem,” he continued.
Aristo added that Indonesia currently has a lot of homework to solve the problem of law enforcement for criminal acts of corruption which are often considered protected by BJR principles.
“That’s why in our new Criminal Code, which will come into force in two months, the article has been narrowed. Then in the article the principle of punishment emphasizes that in criminalizing people they must be examined first.
mens rea
his or her inner attitude and goals,” he stressed.
Previously, on Thursday, November 20, the panel of judges at the Jakarta Corruption Court sentenced the Main Director of PT ASDP for the 2017-2024 period, Ira Puspadewi, to 4 years and 6 months in prison and a fine of IDR 500 million, subsidiary to 3 months in prison.
Meanwhile, the Director of Commercial and Services of PT ASDP Muhammad Yusuf Hadi and the Director of Planning and Development of PT ASDP for the period June 2020-present Harry Muhammad Adhi Caksono were sentenced to 4 years in prison each and a fine of IDR 250 million, subsidiary to 3 months in prison.
According to the judge, the defendants have been proven to have committed criminal acts of corruption which caused state financial losses of up to IDR 1.25 trillion in the Business Cooperation (KSU) and the acquisition of PT Jembatan Nusantara (JN) by PT ASDP in 2019-2022.
Case number: 68/Pid.Sus-TPK/PN.Jkt.Pst was examined and tried by the chairman of the Sunoto panel with member judges Nur Sari Baktiana and Mardiantos.
The decision was not unanimous, aka it was colored by differences of opinion or Sunoto’s dissenting opinion.
According to him, Ira et al should be acquitted (
ontslag van alle recht vervolging
) because there was no criminal act of corruption in the KSU case and the acquisition of PT JN by PT ASDP.
He views that it is more appropriate to resolve the case in a civil manner because the actions of Ira et al in acquiring PT JN are protected by BJR principles.
Recently, Indonesian President Prabowo Subianto provided rehabilitation for Ira, Yusuf and Harry, while also asking the DPR legal commission to conduct a review of the investigation which has been ongoing since July 2024.
“From the results of communications with the government, Alhamdulillah, today the President of the Republic of Indonesia, Prabowo Subianto, has signed a letter of rehabilitation for the three names,” said Deputy Speaker of the DPR Sufmi Dasco Ahmad in a press conference at the Presidential Palace in Jakarta, Tuesday (25/11).
Dasco said that his party had received complaints and aspirations regarding the ASDP problem in the July 2024 period. He admitted that he had asked Commission III to review these aspirations.
“After the DPR RI received various aspirations from community groups, we then asked the Law Commission to conduct a review of the investigation starting July 2024,” he said.
(ryn/gil)
[Gambas:hitclubapk3 Video]
Read More: Synopsis of 21 Bridges, Trans TV Cinema 25 November 2025
Read More: European Champions League standings after Chelsea beat Barcelona
