Cashless sting operation in the Pekalongan Regent Fadia Arafiq case: how is it possible?

JAKARTA, KOMPAS.com – The Corruption Eradication Commission (KPK) has named the Pekalongan Regent for the period 2025–2030, Fadia Arafiq (FAR), as a suspect in an arrest operation (OTT) on 3 March 2026. She is charged in a case of alleged corruption in the procurement of outsourcing services and other procurements within the Pekalongan Regency Government for the 2023–2026 fiscal year. Unlike OTTs commonly associated with bribes and the seizure of piles of cash, in this case the KPK applied Article 12(i) of the Corruption Crime Act (UU Tipikor). The article concerns conflicts of interest involving a public official and is categorised as a formal offence. So, what exactly is meant by a formal offence? And how should the term OTT be understood from a legal perspective? “The formal offence meant is that if the elements of the offence are met, the person can be held legally accountable,” Erwin told Kompas.com on Thursday (5 March 2026). “Law enforcement only needs to match the elements of the offence to the act without having to consider the impact of the act (a material offence),” he explained. In other words, Erwin stated, authorities do not need to wait for a particular consequence to arise, such as actual state losses, as long as the act committed conforms to the offence elements as set by law. For example, he referenced theft. “For instance, the offence of theft. If all elements are fulfilled, then an act can be held liable without waiting for any loss to the victim or for the perpetrator to have enjoyed the benefits of the stolen goods,” Erwin said. In the context of Article 12(i) of the UU Tipikor, what is tested is not merely whether there is state loss quantified, but whether a public official deliberately participates in contracting, procurement, or leasing that is their responsibility or oversight. If the elements are proven, the offence is considered complete. Erwin also highlighted the use of the term “OTT” which is frequently used in reporting.