Judge Gives Status Of City Detainee Defendant In Sand Mining Corruption Case PT AMG Urged To Supervise Not Asks To Report

Po Suwandi [orange dream] as Director of PT AMG as well as a defendant in the corruption case of an iron sand mine in the Dedalpak Block, East Lombok was detained from its domicile in Jakarta, Thursday, July 13, 2023. (ANTARA-HO-Kejati NTB)

The event legal observer from Mataram University Mohammad Hotibul Islam assessed that the panel of judges who gave the status of city prisoners to the defendant under trial had a moral responsibility under supervision.

Hotibul's legal view is related to the development of the corruption case of the iron sand mine PT Anugrah Mitra Graha (AMG) which entered the trial period.

"In this case, there is a judge's discretion to ask the court officials, whether it be from the clerk or the bailiff to supervise the defendant who is a city prisoner. This is a form of the judge's moral responsibility that issued the determination of the transfer of detention," said Hotibul in Mataram, West Nusa Tenggara (NTB), Tuesday 19 September.

According to him, the court's efforts in supervising the whereabouts of the defendant with the status of a city prisoner can be done by conducting regular visits.

"Let me know, where the defendant is in city detention. This is to avoid unwanted things while creating a precautionary principle. If it becomes a problem in the future, it will certainly be in the public spotlight. What is this?" he said.

Moreover, if the judge determines the status of transferring the defendant's detention due to sick considerations. According to the lecturer at the Faculty of Law, Mataram University, the health of the defendant must be the attention of the judge.

"Even though he is still a defendant, this is related to protecting human rights, this health condition is included. So, it is not enough that there is a report from the defendant's family," he said.

Hotibul assessed that the mandatory application of reporting against the accused who was sick was inappropriate even though the letter of determination for the transfer of detention status required this.

"In the letter of determination of the transfer, there is a kind of narrative that gives, recommends the defendant to be obliged to report. However, there should be direct supervision from court officials," he said.

On Friday 15 September, the Mataram District Court (PN) Panel of Judges issued a letter determining the transfer of detention status to city detention for Po Suwandi, a defendant in the corruption case of an iron sand mine in the Dedalpak Block, East Lombok. The judge argued that the Director of PT AMG was sick.

Spokesperson for PNi Mataram Kelik Trimargo said that there was no mandatory application of reporting against the defendant Po Suwandi, who is now a city prisoner.

"Usually, if it is already in court, there is no obligation to report, but the defendant must attend the trial which has been determined on the day and date," said Kelik, quoted by Antara.

Defendant Po Suwandi only accepts legal consequences if he is not present at the trial. "If the defendant is not present, the defendant can be put back in custody on the orders of the panel of judges," said Kelik.