ahmadajah03 Sun Dec 2020 2 years ago

Social Minister Juliari was not charged with the death penalty, this is Mahfud Md's assessment

JAKARTA, KOMPAS.TV - Minister of Social Affairs Juliari Batubara is a suspect in the corruption case for the Covid-19 social assistance procurement project.

For this reason, Juliari is suspected of violating Article 12 letter a or Article 12 letter b or Article 11 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 2001. 1999 concerning the Eradication of Corruption Crimes in conjunction with Article 55 paragraph 1 to 1 of the Criminal Code.

However, it has been widely discussed by the public that the threat of the death penalty can be imposed on a corrupt person in a natural disaster project in accordance with the Corruption Law.

Article 2 Paragraph 2 of Law Number 31 of 1999 states "In the event that the criminal act of corruption as intended in paragraph (1) is committed under certain circumstances, the death penalty can be imposed."

In certain circumstances referred to in the article, the criminal act of corruption is committed when the country is in a state of danger or disaster as stated by applicable law.

The requirements in the applicable law in question are:

The Country Is Not in Dangerous Condition

According to Coordinating Minister for Political, Legal and Security Affairs Mahfud MD, currently no country has been declared in a dangerous situation.

Experiencing a National Natural Disaster

Mahfud MD said that Indonesia is not currently experiencing this and Covid-19 is not included in a natural disaster.

"Currently the government is declaring a non-natural disaster. Many people say that the Covid non-natural disaster has a bigger impact than national natural disasters," said Mahfud.

Mahfud stated that Indonesia is not experiencing an economic crisis, but rather a recession.

"What is stated is that a recession is not the same as an economic crisis. A recession is when our economic growth is minus two quarters in a row, that is a recession," he continued.

Based on this explanation, Mahfud believes that it is currently difficult for KPK Chairman Firli Bahuri to find a connection between the requirements in the law above and the case that ensnared Juliari Batubara.

So article 2 paragraph 2 is not suspected against Juliari.

For more details, see the dialogue with Coordinating Minister for Political, Legal and Security Affairs Mahfud MD.
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