The case of Kaesang Pangarep, son of President Joko Widodo, who used a private jet has become a public concern. Paramadina University Chancellor Didik J Rachbini said that from a legal perspective, the use of luxury facilities by children of state officials is not only an object of ethical and political criticism, but also must and absolutely must be brought forward into the legal realm because it is already in the category of gratification.
“Further legal investigation is needed to see if there are any indications that the facilities were received in return from a third party,” said Didik, in a statement received, Thursday (29/8).
This is especially true if the party has certain interests that could be influenced by his father’s decisions as President.
Didik emphasized that the relationship between Kaesang, the president and his family with the borrower of the plane needs to be investigated, not only in terms of the relationship in this private jet case but also the relationship that has occurred so far.
For the sake of jurisprudence, if a child of a state official, such as the president’s child in this case, receives facilities or money from a businessman or other party who has a particular interest, this can be considered as gratification.
“Although the child is not a state official, there are concerns that the facilities or money were given in the hope of influencing decisions taken by the relevant official (in this case, the president),” said Didik.
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According to him, if this is allowed to continue, then officials in power will feel free to use their power for personal gain.
Now is the right momentum because it is a transition where legal officials, such as the Corruption Eradication Committee, do not need to worry and fear the current authoritarian power.
“If the law and the Corruption Eradication Committee are still worried about the transitional and weak power as it is now, then the people do not need to hope anymore for the law which is also damaged because it has been damaged by Jokowi’s power,” said Didik.
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According to him, the Kaesang case is clearly a form, behavior and practice of gratification that is exactly the same as the behavior of the children of officials during the Soeharto era.
According to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, gratification is a gift in the broad sense, which includes the provision of money, goods, rebates (discounts), commissions, interest-free loans, travel tickets, accommodation facilities, tourist trips, free medical treatment, and other facilities.
“If gratification is given to civil servants or state administrators and is related to their position, then it is considered bribery. Family circles that receive gifts by exploiting power are also clearly and explicitly a practice of gratification,” said Didik.
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In Indonesia, there have been cases of families involved in corruption and gratification related to their parents’ power (the son of former Minister of Maritime Affairs Edhy Prabowo, the son of former Banten governor Ratu Atut, and others).
Even though it was not an official directly involved, but a family member who took advantage of his parents’ power, the case did not escape the law.
Therefore, the Kaesang case, after causing a political uproar in society as an improper practice, must now absolutely enter the legal realm.
“From this case and many other cases, Jokowi has successively, with his power, damaged almost all of the state, government, law and nation’s order,” said Didik.
He thought he was clean because he did not receive anything from businessmen or other parties, but what he did was more corrupt than just gratification because it fell into the category of “state captured corruption”.
“The legal system is damaged and destroyed because he allowed his child to enjoy facilities that are suspected of being illegal, the KPK was weakened, the law was used as a threat to critics or opponents. So this Kaesang case must be continued seriously so that the law is upheld again,” said Didik. (Try/P-2)
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