Mahfud says that the Minister of Social Affairs, Juliari Batubara, can be charged with the death penalty.

JAKARTA, KOMPAS.com – The Coordinating Minister of Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD assessed that the Social Minister Juliari P Batubara could face the death penalty after being caught in a bribery case related to the provision of social assistance Covid- 19.

Mahfud said that Juliari could be threatened with a death sentence even though the KPK has only charged him with Article 12 letter a or Article 12 letter b or Article 11 of the Corruption Eradication Law in conjunction with Article 55 Paragraph (1) first of the Penal Code.

“There is Article 2 Paragraph (2) in Law Number 31 of 1999, if corruption is carried out under certain circumstances, it is punishable by death,” Mahfud said on Sapa Indonesia Malam program on Kompas Tv, Sunday ( 6/12/2020).

“It is up to the KPK, then we will continue to process the accusation, then we will see. But it is clear that there is a legal tool, if it is done in certain circumstances,” Mahfud continued.

Also read: Alleged corruption of Bansos, the government must guarantee the supervision of Covid-19 assistance

Mahfud explained the threat of the death penalty as regulated in Article 2 Paragraph (2) of Law Number 31 of 1999 on the Eradication of Corruption, which has been modified to Law Number 20 of 2001.

Regarding article 2, paragraph 2) of the law, it says: “In the event that the criminal act of corruption mentioned in paragraph 1) is committed under certain circumstances, the death penalty may be imposed.“.

Mahfud explained that the death penalty could be applied if corruption is carried out in certain circumstances.

For example, the country is in danger. Then there was a national natural disaster, until the country was in a state of economic crisis and currency crisis.

Also read: Alleged case of corruption of social assistance Covid-19, KPK will investigate the threat of death penalty

Meanwhile, in the case that happened to Juliari, he committed corruption when the Covid-19 status was an unnatural disaster.

However, the death penalty can still be imposed, it is up to the expert to interpret between non-natural disasters and national natural disasters.

“It can (become a death sentence). It only remains to seek experts if this national natural disaster is smaller than the Covid-19 disaster, which has also been determined by the state based on the Presidential Regulation,” he said.

“If scientifically it can be found, of course lawsuits can also be made there, dakwan and lawsuits,” Mahfud added.

Also read: Covid-19 Social Assistance Bribery, KPK signs death penalty opportunity

In this case, it is suspected that Juliari received bribes related to the Covid-19 welfare acquisition of 17 billion IDR.

The money was delivered by a partner company that worked on the Covid-19 social assistance acquisition and distribution project.

For his actions, Juliari is suspected of violating article 12 letter a or article 12 letter b or article 11 of the Corruption Eradication Law (UU) in conjunction with article 55 paragraph 1 of the Penal Code.

In addition to Juliari, the KPK named four other suspects in this case, namely Matheus Joko Santoso, Adi Wahyono, Ardian IM and Harry Sidabuke.

Matheus and Adi are the Office of Compromise (PPK) in the Ministry of Social Affairs who have also allegedly received bribes, while Ardian and Harry are the private parties suspected of bribery.