Firli Meets Luke Enembe, MAKI: Law Forbids Leaders from Meeting Suspects for Any Reason

The Indonesian Anti-Corruption Society (MAKI) regretted the statement by the Corruption Eradication Commission (KPK) which stated that Firli Bahuri had not committed any violations when he met with Papua Governor Lukas Enembe.

According to MAKI Coordinator Boyamin Saiman, Firli's actions clearly violated Article 36 of Law Number 30 of 2002 in conjunction with Law Number 19 of 2019 concerning the KPK. In the regulation, it is explained about the prohibition of KPK personnel from meeting with litigants.
 
"In fact, Article 36 of the KPK Law expressly prohibits KPK leaders from meeting suspects for any reason," said Boyamin in his statement, Wednesday (11/9/2022).

Boyamin emphasized that there was no reason for the KPK leadership to meet Lukas Enembe. According to Boyamin, carrying out the task that was used as the reason for Firli Bahuri's meeting with Luke Enembe was unacceptable.

"So there is no reason whatsoever to allow the KPK leadership to meet the suspect, even if it is for carrying out their duties," he said.

The Corruption Eradication Commission (KPK) claimed that Firli Bahuri could not be convicted for meeting the Governor of Papua Lukas Enembe, a suspect in the alleged bribery and gratification case related to work or projects that were sourced from the Papua Province APBD.

The Head of the KPK News Agency, Ali Fikri, explained that Firli's meeting with Luke had gone through a series of internal discussions at the KPK.

"So the provisions of Article 36 do not apply, what's more, then in the Criminal Code there is Article 50 that a person cannot be convicted when carrying out his duties," said Ali in his statement, Monday (7/11/2022).

It is known that a number of parties criticized Firli's move to meet Lukas Enembe. Firli is considered to have violated Article 36 of Law (UU) Number 30 of 2002 concerning the KPK. Ali said that in meeting Lukas Enembe, Firli was still carrying out his duties as a leader.

"The job duties here are the main tasks of the KPK leadership, the main tasks of the KPK, including of course carrying out investigations, investigations, prosecutions, and executions, Article 6 of the Corruption Criminal Act. law, in our opinion," he added.

Article 36 of the KPK Law states that KPK leaders are prohibited from having direct or indirect relationships with suspects or other parties related to corruption cases handled by the KPK for any reason.

The provisions referred to in Article 36 also apply to the advisory team and employees assigned to the KPK. In the regulation, it is explained that if every member of the KPK is known and proven to have violated the provisions referred to in Article 36, they can be sentenced to a maximum imprisonment of 5 years.

According to Ali, Article 36 does not apply if the meeting is held in an open place, attended by other parties, and there are no secret talks.

"What is prohibited is when the KPK leadership, for example, meets the litigants directly or indirectly in terms of stealth, in inappropriate places, not in carrying out their duties, so the philosophy is there," said Ali.

"Letterlijk is correct for whatever reason, but we have to remember the derivative rules, for example in the KPK code of ethics, there are exceptions, when carrying out duties and it is known by all KPK leaders, then it can be justified," Ali emphasized.

SOURCE : https://www.liputan6.com/news/read/5120257/firli-temui-lukas-enembe-maki-uu-melarang-pimpinan-bertemu-tersangka-dengan-alasan-apapun