The Corruption Eradication Commission (KPK) Will Study Pretrial Decisions Regarding The Determination Of Suspects Of Ex-Wamenkumham Is Not Valid
JAKARTA - The pretrial hearing decided to determine the suspect against former Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej or Eddy Hiariej in the case of alleged bribery and illegal gratification. The Corruption Eradication Commission or the KPK responded by stating that they would study the decision of the sole judge.
"We will first study the verdict of the prepid judge," said the Chairman of the KPK, Nawawi Pomolango when confirmed, Tuesday, January 30.
However, Nawawi was reluctant to comment further on the pretrial decision submitted by Eddy Hiariej.
Meanwhile, the KPK lost the pretrial lawsuit against Eddy Hiariej. This is because the sole judge decided to determine the suspect in the alleged bribery and gratification case was invalid.
"The judge reached the conclusion of the defendant's actions which determined the applicant as an invalid suspect and had legal force," said Judge Estiono.
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In considering the decision, it is considered that the KPK does not have enough evidence in determining the suspect as regulated in Article 184 paragraph 1 of the Criminal Procedure Code (KUHAP).
Then, the judge assessed that the article used by the KPK for the determination of the suspect against Eddy Hiariej did not have binding legal force.
Meanwhile, the articles used by the KPK are Article 12 letter a or Article 12 letter b or Article 11 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption in conjunction with Article 65 of the Criminal Code.
"The trial, in the exception, stated that the defendant's exception could not be fully accepted," said Judge Estiono.