KPK Loses, Suspect Status Of Bribery Former Deputy Minister Of Law And Human Rights Eddy Hiariej Is Not Legal
JAKARTA - The sole judge of the South Jakarta District Court, Judge Tumpanuli Marbun, granted the pretrial lawsuit filed by the President Director of PT Citra Lampia Mandiri (CLM) Helmut Hermawan.
The determination of Helmut as a suspect as a briber of former Deputy Minister of Law and Human Rights (Wamenkumham) Edwar Omar Sharif Hiariej alias Eddy Hiariej by the KPK was declared invalid
"As referred to in Article 5 Paragraph 1 letter a or Article 5 letter B or Article 13 of the Anti-Corruption Law is invalid and baseless on law. Therefore, the determination of the a quo does not have binding legal force," said Judge Marbun in a trial at the South Jakarta District Court, Tuesday, February 27.
One of the judge's considerations is that the process of determining the suspect against Helmut was carried out during the process of issuing an investigation warrant (sprindik).
"Considering that because the determination of the suspect by the applicant is carried out when issuing the sprindik clearly contradicts the Criminal Procedure Law and the Corruption Eradication Commission Law and must be declared invalid," he said.
According to him, based on the rules, the determination of the suspect is the result of the investigation process, aka it cannot be carried out at the investigation stage.
"Because the determination of the suspect is the product or result of the investigation process, while the issuance of the sprindik as the beginning of the birth of the investigator's wewang to carry out the investigation," he said.
"So the issuance of the sprindik as well as the determination of the suspect in addition to being invalid because it is against the criminal procedural law, this act has the potential for abuse of authority," continued Judge Marbun.
Meanwhile, Helmut filed a pretrial lawsuit on January 10, 2024. The lawsuit was registered with case number 4/Pid.Pra/2024/PN JKT.SEL with the KPK as the respondent.