Members of the Mataram City DPRD from the Golkar Party Faction with the initials HM were subjected to a District Attorney (Kejari) Mataram arrest operation (OTT). The members of the Board allegedly extorted aid funds for rehabilitation of educational facilities affected by the earthquake in Lombok.
Criminal law expert at Jenderal Soedirman University (Unsoed) Hibnu Nugroho said that the perpetrator could be subject to death penalty in the Corruption Act. The death sentence is regulated in Article 2 paragraph 2 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes.
"This is a warning to all people for crimes related to earthquakes, crises and natural disasters that can be sentenced to death," Hibnu told AFP on Saturday (09/15/2018).
Article 2 of the Corruption Act as quoted by AFP reads as follows:
Paragraph 1
Every person who unlawfully acts to enrich himself or another person who is a corporation that can harm the state's finances or the economy of the country, shall be sentenced to life imprisonment or imprisonment for at least 4 (four) years and a maximum of 20 (twenty) year and a fine of at least Rp. 200,000,000.00 (two hundred million rupiah) and a maximum of Rp. 1,000,000,000.00 (one billion rupiah).
Paragraph 2
In the case of corruption as referred to in paragraph (1) carried out in certain circumstances capital punishment can be imposed.
In the article explained, paragraph 1 includes illegal actions in a formal and material sense, that is, even though the act is not regulated in laws and regulations,
but if the act is considered disgraceful because it is not in accordance with the sense of justice or norms of social life in society, then the act can be punished.
Whereas paragraph 2 described certain conditions in this provision intended as a weight for perpetrators of corruption if the crime is committed when the state is in danger in accordance with the applicable law, when a national natural disaster occurs, as a repeat of corruption, or when the country is in a state of economic and monetary crisis.
"Article 2 paragraph 2 of the Corruption Act which states that certain circumstances are carried out, for example when a national natural disaster occurs, the second repetition of a crime becomes a repeat of the corruption or monetary crisis. That is included in the criteria in this article, so that it is expected as a deterrent effect of prosecutors carrying out death penalty demands such as mandated by the Article 2 paragraph 2 Corruption Act, "Hibnu continued.
Also read: Kader Kena OTT Lombok Earthquake Relief Fund, Golkar: Embarrassing!
In the OTT, the prosecutor's office succeeded in securing Rp. 30 million in cash evidence from the suspect's hand, namely a member of the council from the Mataram City Golkar Party faction with the initials HM.
Kejari Mataram also secured HS, which has strategic positions in the Mataram City Education Office, and CT, which is a contractor in an earthquake-affected education building rehabilitation project.
The extortion case carried out by HM suspects originated from a Rp 4.2 billion project fund budgeted from the Amendment Budget of 2018 for the repair of 14 elementary and junior high school buildings affected by the earthquake in Mataram City.
For this reason, he considered that natural disaster relief assistance should not be distorted at all because people need help.
"It could be (sentenced to death) the context in the handling of natural disasters, we must see. Natural disasters should not be done in any way due to the circumstances needed by the people affected by the disaster," he explained.
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