KPK Arrests Pekalongan Regent: Unusual Practices in Graft Case

Here’s a breakdown of the alleged distribution:

– Pekalongan Regent Fadia Arafiq: Rp 5.5 billion
– Fadia’s husband, Ashraff: Rp 1.1 billion
– Director of PT RNB, Rul Bayatun: Rp 2.3 billion
– Fadia’s child, Sabiq: Rp 4.6 billion
– Fadia’s child, Mehnaz Na: Rp 2.5 billion
– Cash withdrawals totaling Rp 3 billion.

Fadia has been charged under Article 12 letter i and 12 B of the Law on the Eradication of Criminal Acts of Corruption. Article 12 i prohibits officials from participating in tender projects. KPK officials stated that the application of this article in an OTT is a first for the commission.

“The construction of the case and the imposition of Article 12 letter i in the sting operation in Pekalongan is the first of its kind at the KPK. This also shows that the modus operandi of corruption continues to metamorphose and become increasingly complex,” said KPK spokesperson Budi Prasetyo.

The Text of Article 12 letter i:

Anyone who, directly or indirectly, participates in a procurement, procurement, or rental, at the time the act is committed, is wholly or partially assigned to manage or supervise it, shall be punished with life imprisonment or imprisonment of at least 4 years and at most 20 years and a fine of at least Rp 200,000,000 and at most Rp 1,000,000,000:

Traditionally, the KPK has applied bribery articles found in Articles 5 and 11 of the Corruption Law, now revised as Articles 605 and 606 of the Criminal Code, or Articles 12 a or b of the Corruption Law. The KPK has also previously applied extortion articles, namely Article 12 e of the Corruption Law and Article 12 B of the Corruption Law regarding gratification against parties caught in an OTT.

OTT Despite No Direct Bribery

Although this is not a bribery case, the KPK maintains that the handling of Fadia’s case qualifies as a sting operation. The KPK stated that it found objects allegedly used by the Regent of Pekalongan to commit corruption during the arrest of Fadia and others.

This, according to the KPK, is consistent with the provisions of Article 1 number 40 letter d of the Indonesian Criminal Procedure Code (KUHAP), which defines “Caught in the act” as the apprehension of a person at the precise moment when objects allegedly used to commit a crime are found on them, indicating their involvement. The objects found during the OTT involving Fadia include:

1. A mobile phone containing WhatsApp conversations regarding the management and solicitation of funds by the Regent of Pekalongan from funds held by PT RNB;
2. A laptop containing documents related to the financial reports and bookkeeping of PT RNB;
3. Documents related to outsourcing activities in Pekalongan Regency government offices carried out by PT RNB.

A Changing Modus Operandi

Former KPK investigator Yudi Purnomo Harahap believes the KPK’s application of Article 12 i in Fadia’s case indicates a shift in the modus operandi of corruption. He stated that corruption cases in the regions typically involve bribes from parties seeking to win tenders. As reported by Detik.com, “This is the first time (application of Article 12 i in an OTT), since usually the articles are bribery, extortion layered with gratification 12 B.”

“Which means that it is starting to change from previously only receiving money from entrepreneurs who wanted to win tenders, and carrying out operate in regional governments, to now running everything themselves,” he added.

Yudi said the KPK’s application of Article 12 i in this case was appropriate. He believes Fadia may have realized she could be implicated in a corruption case if she directly received money from companies.

“Then she had the idea to create her own company to run the procurement work. But when she used her company, she was charged with another article,” he said.

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See also Video of Pekalongan Regent Fadia Arafiq Caught in KPK Sting Operation While Charging an Electric Car