"We will study it first to see whether the case is related to Article 2 on corruption regarding natural disaster (assistance) that caused miseries to the public at large," KPK Deputy Chairman Saut Situmorang told a press conference on Sunday.
He said that based on the elucidation of Article 2, convicts can be sentenced to death if they committed corruption in the handling of a natural disaster which caused the suffering of many people.
Article 2 of Law Number 20 Year of 2001 on the amendment of Law No. 31 Year of 1999 on the Elimination of Corruption Crimes mentioned that (1) anyone who unlawfully commits an act of enriching him or herself or another person or a corporation that can harm the state`s finance or the country`s economy, is punishable to a life imprisonment or imprisonment for at least 4 (four) years and a maximum of 20 (twenty) years with a fine of at least Rp200 million (two hundred million rupiah) and a maximum of Rp1 billion (one billion rupiah).
(2). In the event that a criminal act of corruption as referred to in paragraph (1) is carried out in certain circumstances, capital punishment can be imposed.
What is meant by "certain circumstances" in this provision is intended as an aggravation for the perpetrators of corruption if the crime is carried out when the country is in danger in accordance with the applicable law, at the time of a national natural disaster, as a repetition of criminal acts of corruption, or at a time when the country is in an economic and monetary crisis.
It was reported earlier that KPK has named eight suspects in an alleged corruption case of Drinking Water System (SPAM) projects of the PUPR Ministry for 2017-2018.
Suspects in providing bribes were President Director of PT Wijaya Kusuma Emindo (WKE) Budi Suharto (BSU), Director of PT WKE Lily Sundarsih (LSU), Director of PT Tashida Sejahtera Perkara (TSP) Irene Irma (IIR), and Director of PT TSP Yuliana Enganita Dibyo (YUL).
Suspects in receiving the bribes, among others, were Working Unit Head/Planning Officer (PPK) of Lampung SPAM Anggiat Portunggal Nahot Simaremare (ARE), PPK of Katulampa Meina Woro Kusinah (MWR), Head of Working Unit of Emergency SPAM TGeuku Moch Nasar (TMN), PPK of Toba 1 SPAM Donny Sofyan Arifin (DSA).
Anggiat Partunggal Nahot Simaremare, Meina Woro Kustinah, Teuku Moch Nazar, and Donny Sofyan Arifin allegedly accepted bribes to arrange auctions related to the 2017-2018 SPAM development project in Umbulan 3-Pasuruan, Lampung, Toba 1 and Katulampa.
Two other projects are the procurement of HDPE pipes in Bekasi and disaster areas in Donggala, Palu, Central Sulawesi.
Regarding the bribes, Anggiat Partunggal Nahot Simaremare received Rp350 million and 5,000 US dollars for Lampung SPAM development and Rp500 million for the construction of Umbulan 3 SPAM, Pasuruan, East Java.
Meina Woro Kustinah received Rp1.42 billion and 22,100 Singapore dollars for Katulampa SPAM development. Teuku Moch Nazar received Rp2.9 billion for the procurement of HDPE pipes in Bekasi and Donggala, and Donny Sofyan Arifin received Rp170 million for the construction of Toba SPAM 1.
Reporting by Benardy Ferdiansyah/Andi Abdussalam