The Tender-Prohibition Clause That Snared Pekalongan Regent as a Suspect

The Corruption Eradication Commission (KPK) has named Pekalongan Regent Fadia Arafiq (FAR) as a suspect for taking part in procurement tenders in the Pekalongan Regency government she leads. The KPK explained the contents of Article 12(i) of the Corruption Eradication Law. Deputy for Enforcement and Execution at the KPK, Asep Guntur Rahayu, initially said the Pekalongan case was not conventional bribery and that the case was more advanced. ‘What happened in Pekalogan is already a form of corruption that is more advanced than conventional bribery, when money is asked from the entrepreneurs or vendors doing work in Pekalongan,’ he said at a press conference at the KPK building in South Jakarta on Wednesday (4 March 2026). He said the alleged actions by Fadia caused her subordinates in the Pekalongan government to refrain from protesting. He added that this situation also makes it difficult for law enforcers to trace the alleged corruption. ‘Would the government officials there be able to complain to their mother? Whereas for those who carried out the work with other vendors, they might give something; that could be complained about because it is not connected,’ he said. ‘This is then harder for law enforcers to trace, why? Because it is not visible. Not visible as a company; no one appears handing over money.’ Asep emphasised that investigators already have sufficient evidence. He said the case against Fadia demonstrates a conflict of interest in the procurement process. ‘Article 12(i) of the Corruption Eradication Law outlines situations of conflict of interest and abuse of power, aimed at preventing conflicts of interest. Where an official uses their position to obtain personal gain,’ he said. Here are the texts of Article 12(i) and 12(B) of the Corruption Eradication Law that implicate Fadia: Article 12(i): Punishable by life imprisonment or a minimum of 4 years and up to 20 years in prison and a monetary fine of Rp 200,000,000 to Rp 1,000,000,000: i. A civil servant or public official, directly or indirectly, who intentionally participates in bidding, procurement, or leasing, where for all or part of the time they are tasked with managing or supervising it. Article 12(B): (1) Any gratuity to a civil servant or public official is considered bribery if it relates to their office and is contrary to their duties, with the following provisions: a. value Rp 10,000,000 or more, proof that the gratuity is not bribery is on the recipient; b. value less than Rp 10,000,000, proof that the gratuity is bribery is on the prosecuting authorities. (2) The penalties for civil servants or public officials as referred to in paragraph (1) are life imprisonment or a minimum of 4 years and up to 20 years, and fines from Rp 200,000,000 to Rp 1,000,000,000. In this case, the KPK said Fadia’s child and husband established a company named PT Raja Nusantara Berjaya (RNB). Fadia is alleged to be the beneficial owner of the company. The company also housed Fadia’s campaign team. She is alleged to have pressed the regional apparatus to award contracts to the company. The KPK said PT RNB received outsourcing projects in 17 regional units, three regional hospitals and one district in 2025. Asep said PT RNB received Rp 46 billion from contracts with Pekalongan Regency Government from 2023 to 2026. ‘Then from that money, only Rp 22 billion was used to pay outsourcing staff salaries. The remainder, totalling Rp 19 billion, was enjoyed and distributed to the Regent’s family,’ he stated. The breakdown is as follows: - Pekalongan Regent Fadia Arafiq: Rp 5.5 billion; - Fadia’s husband, Ashraff: Rp 1.1 billion; - RNB Director Rul Bayatun: Rp 2.3 billion; - Fadia’s son, Sabiq: Rp 4.6 billion; - Fadia’s daughter, Mehnaz Na: Rp 2.5 billion; - cash withdrawals amounting to Rp 3 billion.