Meski Telah Mengendap 14 Tahun, KPK Bisa Usut Laporan Dugaan Korupsi Mobil Impor Mewah

AKTIVIS dan para pegiat antikorupsi korupsi tidak pernah lelah untuk membantu aparat penegak hukum dalam upaya pemberantasan tindak pidana korupsi.

Salah satu yang menjadi sorotan mereka adalah dugaan korupsi pada importasi mobil-mobil mewah yang memanfaatkan fasilitas diplomatik.

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Para pegiat antikorupsi menilai, KPK harus segera menuntaskan hal itu, sebab diduga sindikat pemasok mobil-mobil impor mewah masih menjalankan aksi mereka hingga saat ini.

Laporan terkait ulah sindikat tersebut sudah pernah dilaporkan oleh masyarakat ke KPK sekitar 14 tahun silam. Apakah komisioner-komisioner KPK yang baru dilantik pada Desember 2019 lalu bisa membuka kembali laporan yang telah mengendap sekitar 14 tahun itu?

Untuk mengulas hal ini, jurnal-investigasi.com mewawancarai Dosen Hukum Pidana Fakultas Hukum Universitas Sebelas Maret, Riska Andi Fitriono. Berikut petikan wawancaranya.

TANYA: Sekitar 14 tahun silam, kasus dugaan korupsi pada importasi mobil-mobil mewah yang memanfaatkan fasilitas diplomatik dilaporkan oleh masyarakat ke KPK. Apakah komisioner KPK yang baru dilantik pada Desember 2019 lalu bisa menindaklanjuti laporan masyarakat yang sudah mengendap  sekitar 14 tahun itu?

JAWAB: Begini, dalam Pasal 1 angka 24 KUHAP dijelaskan, laporan adalah pemberitahuan yang disampaikan seseorang karena hak/kewajiban berdasar undang-undang kepada pejabat berwenang tentang telah atau sedang atau diduga akan terjadi peristiwa pidana.

Karena itu, menurut pendapat saya, tidak ada batas waktu bagi KPK untuk menindaklanjuti laporan terkait adanya tindak pidana korupsi. Selain itu, tidak ada aturan dalam KUHAP mengenai batas waktu atau daluwarsa untuk menindaklanjuti laporan. Dalam hukum pidana, daluwarsa diatur untuk mengajukan pengaduan, penuntutan, menjalankan pidana dan upaya hukum lainnya, tetapi tidak diatur daluwarsa untuk menindaklanjuti laporan.

Berdasarkan Pasal 1 ayat (1) Undang-Undang Nomor 19 Tahun 2019 tentang Perubahan Kedua Atas Undang-Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi disebutkan, bahwa tindak pidana korupsi adalah tindak pidana sebagaimana dimaksud dalam undang-undang yang mengatur mengenai pemberantasan tindak pidana korupsi.

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Dalam pengertian yuridis sebagaimana ditegaskan Undang-Undang Nomor 31 Tahun 1999  jo Undang-Undang Nomor 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi, dikatakan bahwa korupsi adalah: Pasal 2 ayat (2) berbunyi, setiap orang yang secara melawan hukum melakukan perbuatan memperkaya diri sendiri atau suatu korporasi yang dapat merugikan keuangan negara.

Pasal 3 menyebutkan, setiap orang yang dengan tujuan menguntungkan diri sendiri atau orang lain atau suatu korporasi, menyalahgunakan kewenangan, kesempatan atau sarana yang ada padanya karena jabatan atau kedudukan yang dapat merugikan keuangan negara atau perekonomian negara.

Komisi Pemberantasan Korupsi adalah lembaga negara dalam rumpun kekuasaan eksekutif yang melaksanakan tugas pencegahan dan pemberantasan tindak pidana korupsi sesuai dengan undang-undang. Untuk itu, selama adanya dugaan tindak pidana korupsi, KPK berwenang melakukan penyelidikan, penyidikan, dan penuntutan terhadap tindak pidana korupsi sesuai Pasal 11 ayat (1) Undnag-Undang Nomor 19 Tahun 2019 tentang KPK.

Menurut pendapat saya, selama ada dugaan tindak pidana korupsi, maka komisioner KPK yang baru dilantik pada Desember 2019 lalu, bisa berhak untuk menindaklanjuti dan memproses baik berdasarkan aduan masyarakat maupun tidak, selama ada bukti permulaan yang cukup. Termasuk adanya  kasus dugaan tindak pidana korupsi pada importasi mobil-mobil mewah yang memanfaatkan fasilitas diplomatik. dan mengingat kasus tersebut berpotensi merugikan negara di atas satu miliar rupiah.

TANYA: Aktivis dan para pegiat antikorupsi tidak pernah patah arang walaupun laporan masyarakat ke KPK terkait dugaan korupsi pada importasi mobil-mobil mewah yang memanfaatkan fasilitas diplomatik sudah mengendap sekitar 14 tahun di kantor KPK.

Mereka kini kembali mendesak KPK agar menuntaskan laporan dugaan korupsi tersebut. Para pegiat antikorupsi itu berpendapat, untuk pintu masuk,  KPK bisa memulai penyelidikan dari oknum yang menjabat sebagai Kepala Seksi Impor  di Direktorat Teknis Kepabeanan Bea Cukai Pusat yang menjabat sekitar 14 tahun lalu saat kasus dugaan korupsi itu dilaporkan masyarakat ke KPK, Apakah hal itu dapat dilakukan?

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JAWAB: Jadi begini, menurut KUHAP Pasal 1 angka 5, penyelidikan adalah serangkaian tindakan penyelidik untuk mencari dan menemukan suatu peristiwa yang diduga sebagai tindak pidana guna menentukan dapat atau tidaknya dilakukan penyidikan menurut cara yang diatur dalam undang-undang ini. Adapun penyelidikan yang dilakukan oleh KPK bertujuan untuk menemukan bukti permulaan yang cukup terkait adanya dugaan tindak pidana korupsi  seperti diatur pada Pasal 44 ayat (1) Undang-Undang Nomor 30 Tahun 2002. Pada intinya, penyelidikan dilakukan untuk mencari unsur tindak pidana dari sebuah peristiwa.

Menurut Pasal 11 ayat (1) huruf  a UU Nomor 19 Tahun 2019 tentang KPK, disebutkan bahwa Komisi Pemberantasan Korupsi berwenang melakukan penyelidikan, penyidikan, dan penuntutan terhadap tindak pidana korupsi yang  melibatkan aparat penegak hukum, penyelenggara negara, dan orang lain yang ada kaitannya dengan tindak pidana korupsi yang dilakukan oleh aparat penegak hukum atau penyelenggara negara.

Berdasarkan pasal tersebut, saya berpendapat KPK bisa saja dapat memulai penyelidikan dari oknum Kepala Seksi Impor di Direktorat Teknis Kepabeanan Bea Cukai Pusat yang menjabat sekitar 14 tahun lalu saat kasus dugaan korupsi itu dilaporkan masyarakat ke KPK, apabila ada bukti permulaan yang cukup terkait keterlibatannya dalam dugaan tindak pidana korupsi pada importasi mobil-mobil mewah yang memanfaatkan fasilitas diplomatik.

TANYA: Langkah apa yang seharusnya dilakukan oleh penegak hukum agar kasus serupa tidak terulang lagi?

JAWAB: Perlunya ketegasan aparat penegak hukum dalam penegakan hukum tindak pidana korupsi, serta perlunya pemberantasan korupsi berjalan secara sinergis antara kepolisian, kejaksaan dan KPK yang saling berkoordinasi dengan baik.

Selain itu, diperlukan peran serta masyarkat dalam upaya pencegahan dan pemberantasan tindak pidana korupsi yang diwujudkan dalam berbagai bentuk, antara lain mencari, memperoleh, memberikan data atau informasi tentang tindak pidana korupsi dan hak menyampaikan saran dan pendapat secara bertanggungjawab terhadap pencegahan dan pemberantasan tindak pidana korupsi

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