The status of a person who is eligible to be a candidate according to Juju Purwantoro must fulfill the elements or formulation of Article 1 paragraph (1) of the Criminal Code.
JAKARTA | KBA â Activist in Law and Advocacy for the Alliance of Higher Education All Indonesia (APTSI), Mr. Juju Purwantoro, thinks that Anies Baswedan’s statement that he will be wearing an orange vest is seen as a political element rather than a law. In fact, Indonesia, he said, is a state of law (recht staat).
Observing what Jaya Suprana said, currently, Juju said, there are still parties who continue to frame the issue that Anies has committed a crime.
“Like many people in the media, there is an impression that the Corruption Eradication Commission (KPK) is also continuing its efforts so that Anies can be charged or convicted of corruption,” Juju told KBA News, Thursday, January 19, 2023.
The status of a person who is eligible to be brought to justice according to Juju must fulfill the elements or formulation of Article 1 paragraph (1) of the Criminal Code. In this case there is an element of error in criminal law, among others; willfulness (dolus) and forgetfulness (culpa). If the element of guilt is not proven, then the perpetrator cannot be punished.
The principle of ‘no punishment without fault’ (geen straf zonder schuld) is closely related to the theory of criminal responsibility.
“Because of criminal liability, the guilt of the perpetrators of criminal acts must be proven,” said Juju.
In this case, is Anies suspected of having committed a crime, because it is intentional or due to negligence? In other words, that a person can only be punished, only if that person has actually committed an act that is prohibited by law and is punishable by criminal sanctions, and the act he committed must be intentional or negligent.
The category of corruption according to Law no. 31 of 1999 jo. Law No.20/2001 is “harming state finances, bribery, embezzlement in office, extortion, fraudulent acts, conflicts of interest in procurement, and gratuities.”
Anies is linked with the issue of corruption in the Formula E electric car race in Ancol, Jakarta. Even though the KPK has held 8 cases of this case, the suspect has not been found based on at least 2 pieces of evidence.
The evidence in this case refers to three points in Article 44 of the KPK Law No.3Q/2002. The third point includes:
“If the investigator in carrying out the investigation finds sufficient initial evidence of alleged corruption, within a period of 7 (seven) working days from the date such sufficient initial evidence is found, the investigator shall report to the Eradication Commission. Corruption.”
“Sufficient preliminary evidence is deemed to have existed if at least 2 (two) pieces of evidence have been found, including but not limited to information or data that is spoken, sent, received, or stored either normally or electronically or optically.”
“In the event that investigators carrying out their work do not find sufficient preliminary evidence as referred to in paragraph (1), the investigator shall report to the Corruption Eradication Commission and the Corruption Eradication Committee shall stop the investigation.”
“Obviously the political element is more tendentious than the law seen in this case,” said Juju. (kba)
