Parliament Highlights Case of Contract Teacher Facing Charges for Dual Employment in East Java

DPR Highlights Case of Contract Teacher in East Java Facing Charges for Holding Multiple Positions

The Chairman of Commission III of the DPR, Habiburokhman, has highlighted the case of Muhammad Misbahul Huda (MMH), a contract teacher in Probolinggo, East Java, who is now a suspect due to holding a dual position as a Village Local Facilitator (PLD).

Habib expressed his regret over Misbahul’s designation as a suspect.

According to him, the prosecutors should have referred to the case in accordance with Article 26 of the new Criminal Code, which regulates the element of intent.

“The prosecutors should have followed Article 36 of the new Criminal Code, which requires the presence of the element of intent,” Habib said when contacted on Tuesday (24 February).

In this case, Habib said, Misbahul did not have the element of intent when holding the dual position as a PLD. Even if it is considered a mistake, he said, Misbahul should only have been asked to return one of his salaries to the state.

“If this is indeed a mistake, he should only have been asked to return one of his salaries to the state,” he said.

The Gerindra Party politician reminded the prosecutors that the paradigm of justice in the new Criminal Code is no longer retributive or based on equal retribution, but has shifted to being substantive, rehabilitative, and restorative.

“The prosecutors must also keep in mind that the paradigm of the new Criminal Code is no longer retributive justice, but has shifted to substantive, rehabilitative, and restorative justice,” he said.

Misbahul, a contract teacher at SDN Brabe 1, Probolinggo Regency, East Java, became a suspect for holding a dual position as a PLD. He is accused of causing losses to the state amounting to Rp118 million by receiving salaries from two sources that are both funded by the state budget.

The designation as a suspect was made after the prosecutors found a provision in the village facilitator’s employment contract that prohibits the recipient of the contract from having other employment relationships that are funded by the state budget, regional budget, or village budget.

The Head of the Intelligence Section of the Probolinggo District Attorney’s Office, Taufik Eko Purwanto, explained that the provision is clearly stated in the employment agreement for each of the positions held by the suspect.

“The losses to the state, based on calculations by the Audit Team of the East Java High Prosecutor’s Office, amount to approximately Rp118 million,” said Taufik on Thursday (12 February).

(thr/kid)[Gambas:Video CNN]