Problematika Hukum Journal – Vol. .. No. .. (202..

Available online at: http://jurnal.president.university.ac.id

PROBLEMATIKA HUKUM
ǀ ISSN (Print) 2477-1198 ǀ ISSN (Online) 2503-4812 ǀ

ANALYSIS OF SOCIAL ASSISTANCE FUND CORRUPTION IN

CORRELATION WITH LAW ENFORCEMENT
Gerardus Revin Tjahja1, Melda Maritza Permana2, Hosea Noel Calvian3, Muhammad Iqbal Ibrahim4,
Muhammad Iqbalfarrelzy Althafah Kesuma5, Justin William Setiawan6
1
Faculty of Law, President University, Indonesia. E-mail: [email protected]
2
Faculty of Law, President University, Indonesia. E-mail: [email protected]
3
Faculty of Law, President University, Indonesia. E-mail: [email protected]
4
Faculty of Law, President University, Indonesia. E-mail: [email protected]
5
Faculty of Law, President University, Indonesia. E-mail: [email protected]
6
Faculty of Law, President University, Indonesia. E-mail: [email protected]

Article Abstract
Keywords: Corruption is an attempt to intervene using abilities obtained from a
Corruption; Corruption position including information, decisions, influence, money and/or
Eradication Committee; Legal wealth for the benefit and benefit of thinking for oneself. Social
Enforcement; Social assistance is the assistance in the form of money and/or goods to
Assistance; individuals, families, groups and/or communities which is not
continuous and selective in nature with the aim of protecting against
Article History
Received: the possibility of social risks. Social assistance funding should be
Reviewed: distributed to those who need it. However, there are some
Accepted: irresponsible parties that took the money only for their own interests.
Published: The legal problems we found here are 1) the social assistance fund
was later found to be corrupted by the government, and 2) the legal
enforcement from the KPK seems not bold enough in resolving the
case. The case of corruption in social assistance funds (bansos) for
handling the Covid-19 pandemic involving state officials has caused
public unrest and disappointment. This research aims to analyze the
factors behind the occurrence of corruption, its impact on the
economy and community welfare, as well as legal efforts and
prevention or solutions.

1. INTRODUCTION
Since Indonesia had its Independence Day back in 1945, the country has had several
goals and visions for the future to become a more developed nation, as stated in the 1945
Constitution. Public officials play a crucial role and wield significant power in carrying out
government duties and are accountable for their performance to the public. Therefore, every
institution must adhere to and respect the principles of transparency, accountability, and fairness
in all its actions. If government officials fail to adhere to their legal duties and responsibilities, it
can severely impede the efficiency of government management (Fathya, 2018)1.

1 Irfan Setiawan, Christin Pratami Jesaja. “Analisis Perilaku Korupsi Aparatur Pemerintah Di Indonesia (Studi
pada Pengelolaan Bantuan Sosial Di Era Pandemi Covid-19),” JMB Media Birokrasi (November 2022), p. 34.
 The government and society collaborate to provide support to officials in maintaining
order and stability in the country. Furthermore, officials are expected to prioritize the interests of
society as a whole, rather than focusing solely on the interests of specific individuals or groups.
The role of public officials involves overseeing various aspects of management, including
decision-making, fund allocation, and the provision of public services. Their responsibility is to
ensure the development and maintenance of institutions that provide essential services to society,
such as education, healthcare, and infrastructure, by managing these services efficiently. At the
same time, it is necessary to consider the country's interests, such as national security and
economic stability, to safeguard the overall welfare of the nation. It is important to strike a
balance between competing interests, such as national security and economic stability, to
safeguard the overall welfare of the country. Developing countries must fulfill the needs of their
people without compromising their values. Achieving a better level of public services is
impossible in countries that are not based on democratic principles. However, if public services
are not based on democratic principles, it increases the likelihood of corruption, collusion, and
nepotism. This, in turn, causes an increase in the crime rate within the government environment
(Simangunsong, 2020).2
Corruption remains a serious issue for governments in many countries, including
Indonesia. The term refers to activities that harm state finances, abuse of power, extortion, fraud,
conflicts of interest in procurement, and gift-giving, as defined by Law No. 31/1999 on
Corruption Eradication3. This applies to all government employees, including those in the
executive, legislative, and judicial branches. According to a report by Transparency
International, Indonesia has a corruption perception index (CPI) score of 34 on a scale of 0-100
in 2022. This score makes Indonesia the 5th most corrupt country in Southeast Asia.4
Corruption has been present in Indonesia's government structure since the Dutch colonial
era. During that period, Dutch colonial officials frequently misused their authority for personal
gain, often by extorting money or property from the local population. Misuse of funds, power
conspiracies, and loss of trust all have an overall adverse impact on society. Today corruption
and other illegal practices by state officials have proven more resistant to reform than people
had hoped. Many new anti-corruption regulations have been created, new institutions built,
2 Edward Aspinall, Gerry van Klinken, “The State and Illegality in Indonesia,”
https://library.oapen.org/bitstream/id/f96d7964-9824-4c3c-8784-31ffffe57f13/368290.pdf, accessed on 19
December 2023.
3 Indonesia, Law on Eradication of Criminal Acts of Corruption, Law No.31 Year 1999, LN No. 140 Year
1999, TLN 3874, Chapter 2 Article 2 paragraph (1).
4 C. M. Annur, “Indonesia Negara Terkorup ke-5 di Asia Tenggara pada 2022,”
https://databoks.katadata.co.id/datapublish/2023/02/02/indonesia-negara-terkorup-ke-5-di-asia-tenggara-pada-
2022, accessed on 19 December 2023.
elections have introduced a measure of accountability for parliamentarians and elected
executives, and the much lauded Corruption Eradication Commission (Komisi Pemberantasan
Korupsi, KPK) has made spectacular arrests 5. The Corruption Eradication Commission (KPK)
is an independent institution that carries out its duties and authorities without being influenced
by any power. It was established on 27 December 2002 with the primary focus of preventing and
eliminating corrupt practices at every level of government and in society.
KPK plays a pivotal role in the fight against corruption in Indonesia. The commission has
achieved significant results by exposing and punishing those who commit corruption and by
contributing to the creation of a more open and accountable society. However, the obstacles
faced highlight the importance of continued support and protection of the commission's
independence. The KPK's lack of oversight and accountability mechanisms allows government
officials to engage in corruption without much constraint.
This paper discusses corruption events that occurred near the end of 2020. The corruption
case investigated is related to alleged corruption in the social assistance procurement programme
for handling COVID-19, committed by Juliari Batubara when he served as Minister of Social
Affairs (Betresia et al, 2021; Vrischika Sani Purnama, 2021). According to Ministry of Social
Affairs Regulation Number 1 of 2019, social assistance refers to aid in the form of money,
goods, or services provided to individuals, families, groups, or communities who are poor,
incapable, and/or vulnerable to social risks.6 In the distribution of social assistance, situations
often arise where individuals do not receive the maximum benefit from the aid (Harahap, 2020;
Latif & Pangestu, 2022; Syukur, 2020).
In 2020, the Ministry of Social Affairs launched a social assistance procurement
programme to handle Covid-19. The programme provided basic food packages and had a total
budget of around IDR 5.9 trillion. The procurement was carried out in two stages and involved
272 contracts. During the 2019-2020 period, Juliari Peter Batubara, the Minister of Social
Affairs of the Republic of Indonesia, appointed Matheus Joko Santoso and Adi Wahyono as
Commitment Making Officers (PPK) to oversee the direct appointment of partners. The parties
that approve the appointment of partners are required to pay the cost of each work package to the
Ministry of Social Affairs through Matheus. Matheus Joko Santoso and Adi Wahyono have set

5 Edward Aspinall, Gerry van Klinken. Loc.Cit

6 Indonesia, Regulation of the Minister of Social Republic of Indonesia Concerning Distribution of Social Aid
Expenditures in the Ministry of Social Environment, Permensos No. 1 Year 2019, accesed on 18 December
2023.
the fee for each social assistance package at IDR 10,000, from the initial IDR 300,000 value per
package7.
From May to December 2020 at the Ministry of Social Affairs office. Adi Wahyono and
Matheus Joko Santoso have officially signed work agreements with a number of suppliers as
business partners, including Ardian Iskandar Madanatja and Harry Van Sidabukke as well as the
company PT Rajawali Parama Indonesia (RPI) which Matheus claims to own and has received
the green light from Adi Wahyono8. Adi Wahyono and Matheus Joko Santoso received funds of
IDR 1,28 billion from Harry Van Sidabukke and Rp 1,95 billion from Ardian Iskandar
Madanatja, and also IDR 29,252 billion from several other goods suppliers to provide social
assistance (Bansos) in the form of basic food needs in the context of handling Covid-19 through
the Directorate of Social Protection for Social Disaster Victims (PSKBS) 9.
In the implementation of the basic food social assistance programme in the early stages
of April-June 2020, it was recorded that funds totalling IDR 12 billion had been received, which
should have been handed over from Matheus to Juliari through Adi. The amount of bribes
allegedly received by Juliari was estimated at IDR 8.2 billion. The funds were then managed by
Eko and Shelvy N as Juliari's representatives to fulfill Juliari's personal needs. Between October
and December 2020, approximately Rp 8.8 billion was collected for the basic food social
assistance programme. According to the KPK's statement, Juliari received bribes totalling IDR
17 billion. It is suspected that Juliari used all the funds for personal needs10.
The COVID-19 pandemic has not only presented health and economic challenges, but
has also exposed the darker side of society, including the embezzlement of funds intended for
relief efforts. Corrupt officials have diverted programmes and financial resources intended to
support communities and health systems in distress, leaving the most vulnerable members of
society without access to the help they desperately need. These selfish actions not only worsen
the suffering of those affected by the pandemic but also perpetuate the cycle of poverty and
inequality. Juliari Batubara's corruption undermines not only the lives of ordinary people but also
the morals and integrity of government officials.

7BBC Indonesia, “Mensos Juliari Batubara jadi tersangka korupsi bansos Covid-19, ancaman hukuman mati
bakal menanti?” https://www.bbc.com/indonesia/indonesia-55204360, accesed on 18 December 2023.

8 Zunita Putri, “Juliari Batubara Divonis 12 Tahun Penjara!” https://news.detik.com/berita/d-5692817/juliari-

batubara-divonis-12-tahun-penjara, accessed on 19 December 2023.
9 Kompas.com, “Dua Anak Buah Juliari Batubara, Adi Wahyono dan Matheus Joko Santoso Sidang Vonis
Hari Ini,” https://www.kompas.tv/nasional/207137/dua-anak-buah-juliari-batubara-adi-wahyono-dan-matheus-
joko-santoso-sidang-vonis-hari-ini, accessed on 19 December 2023.
10 Kompas.com, “Awal Mula Kasus Korupsi Bansos Covid-19 yang Menjerat Juliari hingga Divonis 12 Tahun
Penjara,” https://nasional.kompas.com/read/2021/08/23/18010551/awal-mula-kasus-korupsi-bansos-covid-19-
yang-menjerat-juliari-hingga-divonis?page=all, accessed on 19 December 2023.
2. RESEARCH METHODOLOGY
The research methodology uses qualitative normative legal methods with secondary data,
meaning that it explores and provides deeper insights into real-world problems. The qualitative
research method gathers participants experience, perception, and behavior. It answers the hows
and whys instead of how many or how much 11. This approach helped to explain the complexities
of the case and provide a comprehensive understanding of the legal aspects involved. Qualitative
normative legal research methodology involves interpreting and analyzing legal principles and
norms to understand their application in real-life situations. The methodology involves a
comprehensive analysis of legal texts, relevant legislation, case law, and other legal sources to
derive insights and conclusions. Its aim is to provide a theoretical understanding of the legal
framework surrounding a particular issue or case. The qualitative normative legal research
methodology with secondary data enables investigators to thoroughly examine the legal aspects
of the Juliari Batubara case. The analysis involved a thorough examination of Law No. 31/1999
on the Eradication of Corruption and related regulations to comprehend the legal framework
concerning corruption offenses. Additionally, investigators reviewed past corruption cases to
ascertain the possible legal repercussions for the defendant.
Secondary data plays a crucial role in the methodology of qualitative normative legal
research. It refers to information and data that already exist and have been collected by others for
different purposes. In the investigation of the alleged corruption case of Juliari Batubara,
secondary data sources such as relevant literature on the discussed topic, including legal
literature (law books) written by influential experts (de hersender leer), were utilized. Scholars'
opinions, legal journals, non-legal literature, and internet articles were used to gather relevant
information and support the analysis. Valuable insights into specific charges against Juliari
Batubara were obtained from secondary data collected from court records and legal journals.
This enables investigators to assess the evidence and determine the validity of the defendant's
actions. By examining the legal text and precedents, researchers can determine the legal basis for
the charges brought against Juliari Batubara and assess the strength of the case.

3. DISCUSSION
3.1 Corruption Factors

11 Steven Tenny; Janelle M. Brannan; Grace D. Brannan. Qualitative Study, StatPearls, Treasure Island (FL),
2022, [1] accessed on 19 December 2023
 Based on Chapter 2 Article 2 paragraph (1) of the Law No. 31/1999 concerning Eradication
of Criminal Acts of Corruption, corruption means unlawfully committing acts of enriching
oneself or another person or a corporation which can harm state finances or the state economy 12.
According to International Monetary Fund (IMF) Paper, factors of corruptions can be divided
into: first, direct factors13 includes: regulations and authorizations that are non-transparent nor
publicly available, and can be obtained with money; taxation with complicated laws and an
indirect paying system, which requires tax administrators that aren’t thoroughly supervised;
spending decisions, such as procurement spending and extra budgetary accounts; decisions
related to public assets sale, or the rights to extract natural resources; decisions resulting in
monopoly power in specific import, export, or domestic activities; and financing of political
parties, when public money is not available for political activities funding, there will be huge
pressure to generate funds. Second, the indirect factors14 involving: quality of the bureaucracy;
low or stagnant level of public sector wages; indecisiveness of the penalty system; loose
institutional controls; lack of transparency in rules, processes, and laws; and bad examples by the
leadership.
3.2 The Impact of Social Assistance Corruption
The corruption case in COVID-19 social assistance funds has generated significant losses
for both the citizens and the state. The COVID-19 social assistance corruption case has had a
significant impact on the country's economy and community welfare. Cases of corruption in
social assistance funds also cause disappointment and have a negative impact on the welfare of
people in need. The significant impact of the current situation in Indonesia has had a negative
impact on the welfare, health and security of the nation's people, especially those affected by the
Covid-19 pandemic15. The impacts include increasing poverty rates, increasing criminal activity
due to people's hopelessness in meeting their basic needs, and decreasing public trust in the
government.
3.3 Law Application in the Court
If we take a deeper look into the Law No. 20 Year 2001, Amendments to Law Number
31 of 1999 concerning Eradication of Corruption Crimes, it is stated in Chapter 2 Article 2
paragraph (1) that “Any person who unlawfully commits an act of enriching himself or another
12 Loc.Cit, Law No. 31 Year 1999
13 Vito Tanzi, “Corruption Around the World: Causes Consequences, Scope, and Cures,” p. 10-15,
https://www.imf.org/external/pubs/ft/wp/wp9863.pdf accessed on 19 December 2023.
14 Ibid., p. 16-20.
15 Indah Wulan Pratiwi, “Kasus Korupsi Bansos Covid-19 dan Dampak Sosiologinya Bagi Masyarakat,”
https://www.kompasiana.com/indah59439/61c8a16717e4ac1714376822/kasus-korupsi-bansos-dimasa-covid-
19-dan-dampak-sosiologinya-bagi-masyarakat-yang-berdampak?lgn_method=google, accessed on 19
December 2023
person or a corporation which may harm the state's finances or the state's economy, shall be
sentenced to life imprisonment or imprisonment for a minimum of 4 years and a maximum of 20
years and a fine of at least IDR 200 million and maximum of IDR 1 billion 16. Later in paragraph
(2), it is stated that, “In an event that the criminal act of corruption as intended in paragraph (1)
was committed under certain conditions, the death penalty can be applied.”17
These certain conditions or circumstances can be defined as if these criminal acts were
done to the funds intended for overcoming dangerous situations, national natural disasters,
overcoming the consequences of widespread social unrest, overcoming economic and monetary
crisis, and repetition of criminal acts of corruption. As the Covid-19 situation falls under social
disasters, and the funding is included in the “overcoming economic crisis”, then we conclude
that such an act done by Juliari Batubara is enough to be dropped into the death penalty verdict.
However, after KPK stipulates him on 6 December 2020, it took almost another year until he
was sentenced by the judges of Corruption Criminal Court on 23 August 2021, with him proven
to be violating the Article 12a/12b of Law Number 20 of 2001 concerning Amendments to Law
Number 31 of 1999 concerning the Eradication of Corruption Crimes in conjunction with Article
55 paragraph 1 of the Criminal Code.18
3.4 Final Verdict of The Case
Juliari Peter Batubara was then proven legally guilty of committing the crime of
corruption jointly and continuously. He then was sentenced by the Supreme Court to
imprisonment for 12 years and a fine of IDR 500 million, provided that if the fine is not paid, it
shall be substituted with 6 months imprisonment. Adding to the verdict, The defendant shall pay
restitution in the amount of IDR 14,597,450,000 with the provision that if it is not paid within 1
month after this case has permanent legal force, the property of the convicted person shall be
confiscated to cover the state losses. If the property is insufficient to pay the restitution, it will be
replaced with imprisonment for 2 years. Adding to another sentence, in the form of revocation of
the right to be elected in public office for 4 years after the defendant has completed serving the
main sentence. Further conclusion states that the defendant shall remain in the custody of the
state detention center.19

16 Indonesia, Law on Eradication of Criminal Acts of Corruption, Law No.31 Year 1999, LN No. 140 Year
1999, TLN 3874, Chapter 2 Article 2 paragraph (1).
17 Ibid, par (2).
18 Sahara, Wahyuni. Loc.Cit
19 Supreme Court Verdict No : 29/Pid.Sus-Tpk/2021/PN.Jkt.Pst, [630-631].
https://putusan3.mahkamahagung.go.id/direktori/putusan/zaee925eada6bb328002313133363233.html,
accessed on 20 December 2023.
4. CONCLUSION
The judge's basis for sentencing the decision is based on two basic aspects, which are the
juridical basis and the non-juridical basis juridical. The juridical basis is Juliari Batubara as
perpetrators of corruption in social assistance funds in the era. He was legally declared guilty of
violating Article 12 letter b j.o Article 18 of the Law of the Republic of Indonesia Number 31 of
1999 concerning Eradication Corruption Crime as amended with the Law of the Republic of
Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning
the Eradication of Corruption Crimes j.o Article 55 paragraph (1) 1st of the Criminal Code j.o
Article 64 paragraph 1 of the Criminal Code. Non-juridical basis in cases is aggravating the
verdict and also mitigating the sentence, aggravating matters. Some of them, Juliari, had denied
his actions when the public prosecutor read out the indictment, corruption Juliari did this when
Indonesia was experiencing an emergency situation, Juliari's actions are considered
unsupportive.
However, according to our view, KPK lacks firmness and fairness in considering
punishment and compensation in accordance with what Juliari Batubara has done. While he has
made the country lose over IDR 17 billion, he was only requested to give back IDR 14.5 billion
with a IDR 500 million fine. He didn’t get the death penalty, nor the maximum punishment of 20
years imprisonment and IDR 1 billion fine, because the judge said that, “the defendant has
suffered enough from being reviled, cursed and insulted by society," as said by Yusuf Pranowo,
according to Juliari Batubara’s defense letter (pledoi).20 With this article, we are looking forward
to seeing more justice and firmness in the judge’s decision, especially in cases that involve
corruption of the rights of the poor.

20 BBC Indonesia, “Vonis Juliari Batubara: Diringankan karena cacian publik, 'keberpihakan hakim untuk
pelaku atau korban pandemi?” https://www.bbc.com/indonesia/indonesia-58320105, accessed on 19
December 2023.
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Distribution of Social Aid Expenditures in the Ministry of Social Environment.
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Supreme Court Verdict No : 29/Pid.Sus-Tpk/2021/PN.Jkt.Pst, [630-631].
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233.html.