Sanctions for Giving False Testimony in Anti-Corruption Court

Thursday, 11 May 2017 , 15:00:00 WIB - Legal Tips

Miryam S Haryani gets arrested by KPK (ANTARA)

House of Representatives member Miryam S Haryani has been named as a suspect for allegedly giving false testimonies in the trial of electronic ID card (e-KTP) project corruption. The issue becomes a hot topic in the national mass media as the one who investigates the false testimony of Miryam S Haryani is the anti-graft commission (KPK). KPK usually only investigates corruption cases, but they also looked into Miryam’s false testimony in this case.

Some of you may question why KPK is allowed to investigate into the false testimony given by Miryam S Haryani, so today’s legal tips will answer the question. According to Law No.30/2002 on Corruption Eradication Commission (KPK), the duties of KPK are:

1. Coordinate with institutions that are authorized to eradicate corruption.
2. Supervise institutions that are authorized to eradicate corruption.
3. Investigate, inquiry, and prosecute corruption crimes.
4. Prevent corruption crimes.
5. Monitor the state administration.

Based on the information above, KPK has the authority to take any action against corruption as mentioned in Law No.31/1999 on Corruption Eradication that’s been amended to Law No.20/2001 on the amendment to Law No.31/1999 on Corruption Eradication.

Regarding the investigation into Miryam S Haryani’s false testimony, KPK has the right to conduct the investigation as Miryam S Haryani has allegedly violated Article 22 Law No.31/1999 on Corruption Eradication that’s been amended to Law No.20/2001 on the amendment to Law No.31/1999 on Corruption Eradication that mentions:

"Anyone who are referred to in Article 28, Article 29, Article 35, or Article 36 who are not giving the real testimony or giving false testimony by intention may be sentenced to 3 (three) years up to 12 (twelve) years prison and/or fined for Rp150,000,000.00 (one hundred and fifty million rupiah) up to Rp600,000,000.00 (six hundred million rupiah)."

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