Hakim: Behind the BI and OJK CSR Corruption Allegations against Hergun, There is a Gaping Legal Loophole

Ketua LSM GAPURA RI, Hakim Adonara (Fhoto: Special)

sukabumiNews.net, SUKABUMI – Hot news is circulating from the red-and-white Corruption Eradication Commission (KPK) building. Heri Gunawan, also known as Hergun, a former member of Commission XI (2019-2023), and currently a member of Commission 2 of the Indonesian House of Representatives (DPR RI), has been officially named a suspect.

However, behind the KPK's decisive action on allegations of corruption and money laundering related to Corporate Social Responsibility (CSR) funds originating from Bank Indonesia (BI) and the Financial Services Authority (OJK), lies a gaping legal loophole.

A series of major question marks are beginning to emerge, as expressed by Hakim Adonara, Chairman of the Indonesian National Movement for State Money Rescue Activists (GAPURA RI): Is this really a corruption case, or simply a forced interpretation of the law?

The judge stated that he did not rule out the fact that BI and OJK CSR funds are not state funds in the context of the state budget or regional budget. "This is a form of the institution's social responsibility to the community," Hakim said in a written statement to reporters on Monday (August 11, 2025).

According to him, if the subject of the case isn't public funds, corruption allegations must be tested with extra care. "It's not enough to simply trace the flow of funds. There must be evidence of malicious intent, abuse of authority, and real and measurable state losses. Without that, the legal process loses its legitimacy," he stressed.

READ Also: Indonesian House of Representatives Member Heri Gunawan, Named a Suspect in the BI-OJK CSR Corruption Case

Member of Commission 2 of the Indonesian House of Representatives, Heri Gunawan or Hergun, who was named a suspect by the Corruption Eradication Committee (Photo: Special)

This criticism opens up another loophole: Does the Corruption Eradication Commission (KPK) have solid evidence or is it simply relying on a presumptive construct? After all, in criminal law, mens rea—malicious intent—is a key element. Without it, naming a suspect is likely to be considered premature.

Several observers believe that if the anti-corruption agency jumps to conclusions too quickly, this case has the potential to set a bad precedent. Moreover, to date, the KPK has remained silent about the details of its findings that support the suspicion of Hergun's involvement.

Behind the frenzy of news coverage, one fact has escaped public scrutiny: Bank Indonesia and the Financial Services Authority (OJK)'s CSR funds come from institutional profits, not from the state budget (APBN/DPD). This means proving "state losses" is no simple matter—and this is the legal battleground.

Now, all eyes are on the KPK. Will they be able to prove the allegations with irrefutable evidence, or will they become trapped in a vortex of contested legal interpretations? The answer will determine whether this is a valid step in the fight against corruption or a new chapter in legal controversy in this country.

In Senayan, whispers are beginning to emerge: is this case purely about law enforcement, or is there a political agenda going on behind the scenes? In a political year full of intrigue, the lines between law and politics are often blurred—and the Hergun case may be one such stage. (Red*)

READ Also: GAPURA-RI Member Reported to Policeby Chairman