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This article was translated by AI. Read the original article on Kompas.com. See Original
JAKARTA, KOMPAS.com - The Public Prosecutor (JPU) of the Corruption Eradication Commission (KPK) has asserted that it will substantiate the charges against former Vice Minister of Immigration and Corrections Silmy Karim using legitimate evidence during the trial.
"The prosecutor will prove the elements of the alleged criminal acts through legitimate evidence in the main examination," stated the prosecutor while reading a response to Silmy Karim's objections during the hearing at the Central Jakarta Corruption Court on Tuesday (10/11/2026).
The prosecutor's statement was made in response to Silmy's assertion that he was never caught red-handed in the alleged bribery and graft case within the Directorate General of Immigration.
According to the JPU, being caught red-handed is not an element of the crime charged against Silmy, either in the first or second indictment.
The JPU reiterated that the prosecution of corruption cases does not require an individual to be caught in the act of committing a crime.
"The presence or absence of being caught in the act does not determine the fulfillment of the elements of Article 12 letter e or Article 12B of the Corruption Eradication Law," the prosecutor said.
The prosecutor argued that the issues concerning Silmy's arrival at the KPK building and whether or not there was an arrest pertain to procedural law, which must be assessed based on the facts and legal documents involved.
As such, the JPU requested that the issue of being caught red-handed not be conflated with the evidence proving the criminal elements underlying the charges.
"Therefore, the defendant cannot mix the issue of being caught in the act with the proof of the criminal elements that form the basis of the charges," said the prosecutor.
In its response, the JPU also stated that the indictment against Silmy meets the formal and material requirements as stipulated in Article 75 paragraphs (2) and (3) of the Criminal Procedure Code.
The prosecutor mentioned that the indictment has clearly, precisely, and completely detailed the alleged criminal acts, including the time and place of occurrence.
Based on this, the JPU requested the panel of judges to reject or at least state that Silmy Karim's objections and those of his legal team could not be accepted.
The JPU also urged that the examination of the case proceed to the evidence presentation stage.
Silmy Karim is charged with receiving IDR 1.2 billion in connection with the extortion of residence permits.
In addition, he is also charged with accepting gratuities totaling IDR 33.8 billion.
As per the indictment read by the public prosecutor on October 29, 2026, the documents that were the object of Silmy and his associates' extortion include Visitor Stay Permits (ITK), Limited Stay Permits (ITAS), Permanent Stay Permits (ITAP), and the process of status conversion of residence permits.
Silmy Karim and his partners are charged with violating Article 12 letter e juncto Article 18 of the Corruption Eradication Law jo Article 20 letter c and Article 127 paragraph (1) of the Criminal Code.