Law

KPK Explains Why Death-Penalty Article Not Used in BNPB Case

Stateline MEDIA Newsroom•October 17, 2026•2 min read

The KPK explained why it did not apply death-penalty articles to BNPB DSP corruption suspects: the 1x24-hour post-sting limit for determining charges.

Key Facts

The KPK explained why it did not apply articles carrying the death penalty against suspects in the alleged corruption of Disaster-Ready Funds (DSP) at the BNPB, in a press conference at the KPK Red-and-White Building on Friday (10/16/2026).
Acting KPK Investigation Director Achmad Taufik Husein cited the 1x24-hour time limit after the sting operation as investigators' main consideration in determining the charges.
The articles in question are Articles 2 and 3 of Law No. 31 of 1999 on Corruption Eradication; Article 2 paragraph (2) allows the death penalty under certain circumstances, including when the state faces a disaster.
The KPK is currently applying two clusters of articles: Article 12 letter i of the Anti-Corruption Law on conflicts of interest in procurement, and bribery-related articles.
KPK Chairman Setyo Budiyanto previously said the application of Articles 2 and 3 had been discussed in the case review and could still be considered if the investigation uncovers new developments.
Five suspects have been named, including Bima Setyawan (brother of the BNPB chief) and Richard Erlangga (expert staff to the BNPB chief).

The 1x24-Hour Limit as the Reason

The Corruption Eradication Commission (KPK) explained why investigators did not apply articles carrying the death penalty against suspects in the alleged corruption of Disaster-Ready Funds (DSP) at the National Disaster Management Agency (BNPB). The explanation was delivered at a press conference at the KPK Red-and-White Building in Kuningan, South Jakarta, on Friday (10/16/2026).

Acting KPK Investigation Director Achmad Taufik Husein said investigators had only 1x24 hours after the sting operation to determine the case's status. According to him, the closed investigation culminating in the arrests limited investigators' time to assess the sufficiency of evidence before elevating the case to the investigation stage.

After considering the evidence found within that short window, the KPK chose to apply other articles deemed strong enough to charge the suspects.

Article 2 Paragraph (2): Death Penalty Under Certain Circumstances

The articles under public spotlight are Articles 2 and 3 of Law No. 31 of 1999 on Corruption Eradication. Article 2 paragraph (2) stipulates that under certain circumstances, the death penalty may be imposed — including when corruption is committed while the state faces a crisis or national disaster.

However, at this early stage, the KPK has only applied two clusters of articles. The first cluster uses Article 12 letter i of the Anti-Corruption Law on conflicts of interest in procurement, while the second cluster concerns alleged bribery.

KPK Chairman Setyo Budiyanto previously revealed that applying Articles 2 and 3 had been a topic of discussion in the case review. He stressed the door remains open: if the investigation uncovers new developments or the involvement of other parties, the death-penalty articles could be applied later.