Articles Used to Charge Febrie Adriansyah and Don Ritto as Corruption Suspects
The Indonesian National Police’s Corruption Eradication Corps (Kortas Tipikor) has named former Junior Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah and private sector individual Don Ritto (DR) as suspects in a corruption case linked to three separate matters. Both have been charged under articles pertaining to corruption and money laundering.
Don Ritto is charged under Article 4 and/or Article 5 in conjunction with Article 10 of Law Number 8 of 2010, or Article 607 paragraph 1 letters b and c of the new Criminal Code (KUHP). Article 4 of Law 8/2010 stipulates that any person who conceals or disguises the origin, source, location, designation, transfer of rights, or true ownership of assets known or reasonably suspected to be the proceeds of crime faces a maximum imprisonment of 20 years and a maximum fine of Rp5 billion. Article 5 of the same law carries a maximum penalty of 5 years’ imprisonment and a fine of up to Rp1 billion for anyone who receives or controls the placement, transfer, payment, gift, donation, deposit, or exchange of such assets. Article 10 extends the same penalties to those who attempt, assist, or conspire to commit money laundering. Under Article 607 of the new Criminal Code, the penalties are a maximum of 15 years’ imprisonment and a category VI fine for concealing the origins of criminal proceeds, and a maximum of 5 years’ imprisonment and a category VI fine for receiving or controlling such assets.
Febrie Adriansyah is charged under Article 12 letter b and Article 12 B of the Corruption Eradication Law, as well as Article 3 and Article 4 of the Money Laundering Law, or alternatively Article 607 paragraph 1 letters a and b of the new Criminal Code. Article 12 letter b targets public officials who accept gifts knowing they were given as a result of actions or omissions contrary to their duties, carrying a penalty of life imprisonment or a term between 4 and 20 years, plus a fine between Rp200 million and Rp1 billion. Article 12 B stipulates that any gratuity received by a public official related to their position and contrary to their duties is considered a bribe, with the burden of proof shifting depending on the value. Article 3 of the Money Laundering Law imposes up to 20 years’ imprisonment and a maximum fine of Rp10 billion for actively placing, transferring, or spending illicit funds to disguise their origin. Article 4 carries a maximum 20-year sentence and a Rp5 billion fine for concealing the origins of criminal proceeds. Under the new Criminal Code, Article 607 paragraph 1 letter a carries a maximum 15-year sentence and a category VII fine for similar active money laundering acts.
Acting Junior Attorney General for Special Crimes Rudi Margono has received the transfer of the three corruption cases from the Corruption Eradication Corps.