Ahead of Zarof Ricar's First Trial, Gratification Article Claimed Not to Have Disappeared

JAKARTA, KOMPAS - The Attorney General's Office has confirmed that it will charge the suspect Zarof Ricar with the article on gratuities, namely Article 12B of the Law on the Eradication of Corruption Crimes, which is rumored to be removed. The indictment against the former Supreme Court official will be read on February 10, 2025.

The Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, when asked in Jakarta on Thursday (6/2/2025), denied the disappearance of Article 12B of the Law on the Eradication of Corruption Crimes. The article regulates the acceptance of gifts by state officials, which are suspected to be given in connection with their authority.

"I have already asked the prosecutor about that article and so far the article regarding gratuities is still in the indictment," said Harli.

Harli's statement also refutes the information regarding the "disappearance" of Article 12B of the Law on the Eradication of Corruption Crimes. In the case involving the suspect Zarof, Article 12B on gratuities needs to be applied so that the public prosecutor can confiscate for the state the money and gold seized from Zarof Ricar's house, which is valued at Rp 1 trillion.

Zarof Ricar has been named a suspect in the bribery case involving a judge related to the Ronald Tannur case. In that case, Zarof is alleged to have received Rp 5 billion.

Until Zarof's case file was transferred to the court, Zarof was said to remain silent regarding the origin of the money and gold. However, Zarof once informed the investigators that the money and gold came from handling several cases at the Supreme Court.

According to Harli, the investigators included the findings of money and gold in the indictment against Zarof, who is charged with bribery or gratuities. Through this article, Zarof must prove the origin of the money and gold in court. According to the plan, the indictment hearing against Zarof will be read on February 10, 2025.

Previously, it was said that Zarof would be charged with Article 6 Paragraph (1) Letter a in conjunction with Article 15 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 Paragraph (1) of the Criminal Code or Article 5 Paragraph (1) in conjunction with Article 15 in conjunction with Article 18 of the Law concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 Paragraph (1) of the Criminal Code, and Article 12B of the Law concerning the Eradication of Criminal Acts of Corruption.

Harli stated that Zarof will be charged with the same article. "On February 10, the charges against the individual can be heard together. Article 12B should still be included," said Harli.

Separately, Indonesia Corruption Watch (ICW) researcher Erma Nuzulia Syifa is of the view that, basically, criminal acts committed in the Corruption Eradication Law can be subject to additional penalties as stated in Article 18 of the Corruption Law. As Article 17 of the Corruption Law states that in addition to being subject to penalties as referred to in Article 2, Article 3, Article 5 to Article 14, the defendant can be subject to additional penalties as referred to in Article 18.

Additional criminal penalties in the Corruption Law include confiscation of tangible or intangible movable goods or immovable goods used or obtained from corruption. The same applies to goods that replace such goods.

Thus, whether using Article 5 or Article 12B, the defendant can still be given additional punishment as long as it is requested in the petitum or the public prosecutor's demands. "Later, the judge will assess which are the results of corruption and which are from Zarof Ricar's legitimate receipts," said Erma.