Attorney General's Office Discontinues Prosecution of Temporary Teacher Over Dual Position

The Probolinggo District Attorney’s Office had initially designated Muhammad Misbahul Huda (MMH), a temporary teacher at SDN Brabe 1 in Probolinggo, as a suspect due to holding a dual role as a Village Local Facilitator (Pendamping Lokal Desa or PLD). However, the case was subsequently taken over by the East Java High Prosecutor’s Office and then discontinued.

“Regarding the individual in question, his detention at the Kraksaan Detention Centre was lifted on Friday, 20 February 2026, and subsequently, the case was taken over by the East Java High Prosecutor’s Office, and the investigation into this matter was halted by the East Java High Prosecutor’s Office,” said the Head of the Legal Information Centre of the Attorney General’s Office, Anang Supriatna, to reporters on Wednesday (25 February 2026).

He stated that there were several reasons for the case’s discontinuation, one of which being that the suspect did not personally benefit from the alleged offence.

“This was based on the consideration and rationale that the act in question, while technically illegal, did not involve any malicious intent. The state’s losses have been recovered to the amount of Rp 118,861,000, the suspect did not personally profit, public interests have been served, and the cost-benefit analysis of handling the case was taken into account,” he said.

He explained that village facilitators are not permitted to engage in other paid work funded by state funds. He added that the temporary teacher was unaware of the specific details regarding the budget.

“The legal basis is as follows: the act was technically illegal, but it wasn’t malicious. For example, in this case, he was involved with village funds, and specifically, these funds are related to the facilitator role, which prohibits holding another position funded by the state budget (APBD or APBN). Since he was a temporary teacher, he was paid from the APBD. He wasn’t aware of this, and he was simply looking for a side job. He didn’t know that this constituted a violation, and that’s the crux of the matter.”

He stated that the violation occurred because the teacher included information from the school principal, implying that he was not a temporary teacher paid by the APBD. According to Anang, they prioritised a persuasive approach.

“He violated the rules by including information from the school principal, making it seem as if he wasn’t a temporary teacher. It’s a pity, as the potential gain was minimal. We had to take a persuasive approach. Especially now that he has returned the funds and we released him from detention last Friday. We responded quickly, and the case has been taken over by the East Java High Prosecutor’s Office. We prioritise restitution. Yes, restitution,” he said.

“That’s it, as of today. Yes, confirm that. The East Java High Prosecutor’s Office discontinued the case this morning,” Anang added.

Previously, Misbahul was accused of causing a loss of Rp 118 million to the state by receiving a salary from both positions. As reported by detikJatim on Tuesday (24 February), the designation of Misbahul as a suspect was carried out by the Probolinggo District Attorney’s Office. According to the prosecutors, the employment contract for village facilitators stipulated that Misbahul should not have any other employment relationship funded by state funds, such as the APBN, APBD, or APBDes.

Similar provisions were also said to apply to the contracts of temporary teachers, prohibiting any employment agreements with other institutions if both are funded by state funds. The Head of the Intelligence Section of the Probolinggo Regency Attorney’s Office, Taufik Eko Purwanto, explained that these rules were outlined in the employment agreements for each position.

“The state losses incurred, based on calculations by the Audit Team of the East Java High Prosecutor’s Office, amounted to approximately Rp 118 million,” said Taufik on Thursday (12 February).