TEMPO.CO, Jakarta – Criminal law expert from the Muhammadiyah University of Jakarta (UMJ), Chairul Huda, said that the Corruption Eradication Commission (KPK)KPK) is entitled to appoint Officers TNI as a suspect in corruption Basarnas. “KPK has the right to name the Head of Basarnas as a suspect because his crime violated the public interest even though it was carried out by the active TNI,” Chairul told Tempo, Friday, July 28, 2023.
Chairul said that the KPK was shriveled in this matter. In fact, said Chairul, the KPK could refer to Article 65 of Law Number 34 of 2004 concerning the Indonesian National Armed Forces. Article 65 paragraph 2 reads, soldiers are subject to the authority of the military court in cases of violations of military criminal law and are subject to the powers of the general court in cases of violations of general criminal law which are regulated by law.
Chairul said that the KPK could ignore Law Number 31 of 1997 concerning Military Justice for this case. The reason, said Chairul, was the TNI Law later law which overrides the Law on Military Justice as lex a priori. “Lex posteori derogat legi lex apriori (the applicable law then overrides the previous applicable law),” said Chairul.
Chairul said the prosecution of members of the TNI by the KPK could also refer to Article 1 of the Republic of Indonesia Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. The article states that civil servants include people who receive salaries or wages from the state or regional finances. “Public servants in the Corruption Law are broader than ASN. So including members of the TNI. Members of the TNI are people who receive salaries from state or regional finances,” said Chairul.
Puspom TNI protested the determination of suspects by the Head of Basarnas Associate Marshal Henri Alfiandi and Coordinator of Administrative Staff (Koorsmin) of Basarnas Lieutenant Colonel Arif Budi Cahyanto by the KPK in the bribery case for a goods and services procurement project at Basarnas on Wednesday, July 26 2023. Puspom TNI assesses that the KPK has exceeded its authority and stated that he did not recognize the determination of the Head of Basarnas and his men as suspects.
Advertising
Advertising
Not long after, the KPK also apologized for naming two active TNI members as suspects in the bribery case for the head of Basarnas Associate Marshal Henri Alfiandi. They admitted they were wrong.
KPK Deputy Chairman, Johanis Tanak, admitted that his men made mistakes and oversights in naming suspects against members of the TNI. “We understand that our team of investigators may have made an oversight, forgotten, that when there is involvement of the TNI it must be handed over to the TNI, it is not us who are handling it, not the KPK,” said Johanis in a press conference at the KPK, Friday 28 July 2023.
This statement was made after the entourage of the Head of the TNI Information Center (Kapuspen), Rear Admiral Julius Widjojono, accompanied by the Commander of the TNI Military Police Center (Danpuspom), First Marshal Agung Handoko, and his staff visited the KPK building, Friday afternoon, July 28 2023.
The two of them asked about the determination of suspects against Henri Alfiandi and his subordinates, Administrative Staff Coordinator (Koorsmin) Kabasarnas Lieutenant Colonel Arif Budi Cahyanto, in the bribery case on Wednesday, July 26, 2023.
As for the KPK’s apology, Johanis Tanak referred to Article 10 of Law No. 14 of 1970 concerning Basic Provisions of Judicial Power. “In that rule, the main points of the judiciary are regulated by four institutions, the general court, the military, the state administrative court and religion,” said Johanis.
The determination of the suspect began with a hand-catching operation carried out by the KPK on Tuesday, 25 July 2023. At that time, the KPK arrested three people, one of which was Arif Budi Cahyanto. Apart from that, KPK investigators also arrested the main director of PT Intertekno Graphic Sejati, Marilya; and President Director of PT Kindah Abadi Utama, Roni Aidil. The three are said to be in the middle of handing over money suspected of being a bribe to Henri Alfiandi.
The KPK confiscated money with a value of around Rp. 5 billion during the operation. The money is referred to as comitment fee because the two companies won the tender for the procurement of goods within Basarnas. After detaining the three, the KPK then announced the determination of the suspects against Henri and the main commissioner of PT Multi Graphic Cipta Sejati, Mulsunadi Gunawan (MG). KPK deputy chairman Johanis Tanak stated that Henri was suspected of receiving bribes from a number of other parties
“Allegedly HA (Henri Alfiandi) together with and through ABC (Arif Budi Cahyanto) is suspected of receiving bribes from several projects at Basarnas from 2021 to 2023 in the amount of around Rp. 88.3 billion from various project winning vendors,” said KPK deputy chairman Alexander Marwata in a statement. press conference at the KPK’s Merah Putih building, Jakarta, Wednesday, July 26 2023. Alexander said the KPK would hand over the legal process of Henri Alfiandi and Arif Budi Cahyanto to the TNI Puspom.
EKA YUDHA SAPUTRA | ADE RIDWAN YANDWIPUTRA | AKHMAD RIYADH
Editor’s Choice: Basarnas OTT Polemic, KPK Must Not Be Afraid of Corruption Process of TNI Officers
2023-07-29 01:05:00
#Legal #Experts #Call #KPK #Basarnas #Men #Suspects
