"Firstly, 'hitchhiking' is a service, not a physical good. The issue is that it's being labeled as gratification. Article 12 of Law No. 20 of 2001 defines gratification as giving goods or services to state officials," Ghufron explained at the KPK Anti-Corruption Education Center Building in Jakarta on Tuesday.
"Is Kaesang a state official? Clearly not. Neither formally nor personally," he said.
The second issue concerns Kaesang as a member of a state administrator's family, namely as the son of the 7th president of the Republic of Indonesia, Joko Widodo, and the younger brother of the former mayor of Solo, Gibran Rakabuming Raka, who is currently Vice President of the country.
Ghufron noted that receiving gratification through a representative is common. However, in this case, Kaesang received a personalized service that could not be transferred to another individual.
"Hitchhiking is a direct service the recipient enjoys and isn't intended for state officials, their family members, or associates," he clarified.
"It's crucial to understand that the service was for the individual's benefit, not for the benefit of a state official," he added.
Ghufron also emphasized that, legally, the family relationship between Kaesang and his family members who are state officials has been severed as he is an adult with a separate family card.
"The family relationship ended when they became adults," he stated.
His case differs from that of former Directorate General of Taxes official Rafael Alun Trisambodo and his son Mario Dandy.
"For instance, Rafael Alun. Why is Mario still associated with his father's wealth? Because he is a minor. His assets are presumed to belong to his parents. This doesn't apply to adults who have their own family cards. Their assets are theirs, not their parents'," he expounded.
As the then president's youngest son, Kaesang faced significant public scrutiny on social media after using a private jet to travel to the US with his wife, Erina Gudono, during a period of widespread protests against the House of Representatives' attempts to amend the regional election law in August this year.
The protests led to Kaesang's exit from the gubernatorial elections.
Netizens, particularly on social media platforms such as X, discussed the possibility of gratification after seeing Gudono's posts about the private jet's interiors and her lavish trip on her Instagram account.
Prior to her US trip, she announced that she had received a scholarship to study social policy at the University of Pennsylvania.
However, several Indonesians sent letters to the university, questioning the legitimacy of her scholarship given her privileged background.
Consequently, Kaesang was reported to the Corruption Eradication Commission (KPK) by Indonesian Anti-Corruption Society (MAKI) coordinator Boyamin Saiman and Jakarta State University (UNJ) lecturer Ubaidilah Badrun.
Under public pressure, on September 17, Kaesang "voluntarily" approached the anti-graft body to explain his use of the private jet and address allegations of gratification.
"I clarified that on my trip on August 18 (2024) to the United States, I hitched a ride on a friend's plane," Kaesang, who is also the chairperson of Indonesia Solidarity Party (PSI), said.
However, he declined to provide further details about the trip, requesting that inquiries about it be directed to the KPK.
"For more information, please contact the KPK directly," Kaesang, who co-owns football club Persis Solo, said. Free Fire, developed by Singaporean online gaming company Garena, is one of the club's sponsors.
Related news: Kaesang's private jet use highlights need for transparency
Related news: KPK wraps up review of Kaesang's clarification on private jet use
Translator: Fianda Sjofjan Rassat, Aditya Eko Sigit Wicaksono
Editor: Rahmad Nasution
Copyright © ANTARA 2024
