The Death Penalty for Corruptors, KPK: "As For Now, Very Unlikely"

Haryudi, SI Newspaper 

Friday, March 12th, 2021 19:05 WIB

BOGOR Acting Spokesman Corruption Eradication Commission (CEC/KPK) Ali Fikri has emphasized the opportunity to implement death sentences to the perpetrators of corruption in Indonesia is very unlikely. Because, at this time the article imposed on corruptors who were exposed to hand arrest operations (OTT) is very unlikely.

"We have explained that currently the article applied by the KPK is very unlikely. Due to the bribery articles that were applied to the perpetrators of the arresting operation (OTT), the suspect refers to Article 2 Paragraph (3) of the Anti-Corruption Law," said Ali Fikri in an online discussion held by Imparsial, Friday (12/3/2021).

However, he continued, the KPK was not in the capacity to answer whether or not the death penalty was implemented.

“But normatively in Article 2 Paragraph (2) of the Anti-Corruption Law, it is very possible for law enforcement officers, in this case the KPK to punish. In fact, the guidelines for the KPK's demands have also been listed, such as certain cases," he said.

In fact, in a number of cases currently being handled by the KPK, for example the case of social assistance (Bansos), as reiterated by the Deputy Minister of Law and Human Rights that the perpetrators can be prosecuted for the death penalty against corruptors.

“In the case that ensnared the Minister of Social Affairs, because the articles applied were bribery, the maximum penalty was 20 years or life imprisonment. So, the death penalty cannot be demanded regardless of the circumstances, the article applied so far in the investigation process is the article on bribery,” he said.

However, Ali said that of course the policy of whether the death penalty can be applied is the jurisdiction of the court. "Where, the panel of judges in deciding criminal acts of corruption, currently there are sentencing guidelines issued through the Supreme Court Regulation and we can read that," he explained.

However, Ali continued, it was mentioned about the conditions for corruptors to be sentenced to death by the panel of judges who handle corruption crimes, namely Articles 2 and 3.

“But it turns out that even if we read there are provisions that are quite strict, I think, there are things that need to be considered by the panel of judges (in sentencing corruptors with the death penalty). Say if you talk about things that are burdensome and lighten," he said.