Legal Expert States Amsal Sitepu Can Only Be Prosecuted If Kickbacks Are Involved

The case of video editor Amsal Sitepu, which has sparked public discussion due to his trial on charges of harming the state, has drawn attention from criminal law expert Boris Tampubolon. Amsal is being prosecuted for allegedly marking up the cost of a promotional village video project. The public prosecutor accuses Amsal of committing corruption that harms state finances under Article 3 of the Corruption Law. Boris states that, in principle, Articles 2 or 3 of the Corruption Law are problematic because they lack any element related to “intent.” This makes them rubber articles. “Thus, law enforcement officials in their application only look at the formal fulfilment of the article. As if what matters is that there is harm to the state and what matters is enriching oneself or others,” he said in Jakarta on Tuesday (31/3/2026). It should be, he said, that a person charged under Article 2 or 3 of the Corruption Law must have their malicious intent (mens rea) in harming the state proven. In addition, according to Boris, in the context of the element of enriching oneself or others, in relation to government procurement, the prosecutor must be able to prove there is a kickback from the project tender winner to rogue officials. “Thus, it is proven that there are fraudulent or illegal methods to obtain the project or work. That is where the malicious intent is evident, so the guilt is proven. If there is no kickback, then that person cannot be prosecuted,” said Boris.