Ferdinand Hutahaean Encourages KPK To Be Disbanded, Prof. Indriyanto: He's Really Tendentious, Beyond Logic

JAKARTA - Professor of Krisnadwipayana University, Prof. Indriyanto Seno Adji, is really surprised by Ferdinand Hutahaean's behavior. Ferdinand, a former Democrat politician, is considered to be a criminal law expert making it up when he spoke to push for the dissolution of the KPK.

Ferdinand Hutahaean, who spoke a lot via social media, alluding to the corruption case of former PT Pelindo II President Director Richard Joost Lino or RJ Lino that has not yet been brought to court.

In fact, this case has been worked on by the Corruption Eradication Commission (KPK) for 5 years starting in December 2015. RJ Lino has the status of a suspect in the case of the procurement of three quay container crane (QCC) units.

Regarding this condition, Ferdinand Hutahaean cast his strong criticism. He even suggested that the KPK be dissolved. But Prof. Indriyanto asked Ferdinand Hutahaean's mindset.

"What is the connection between the SP3 discourse and the dismissal of the KPK?" Ferdinand's reasons are really tendentious and beyond logic, which are not very basic, "said Prof. Indriyanto to VOI, Thursday, March 4 in the early hours of the morning.

The former acting Deputy Chairperson of the KPK in 2015 spoke about the KPK's authority to stop investigating cases (SP3) as regulated by law.

"Even the regulation of the authority of the KPK according to the new KPK Law, does have the authority to do the SP3. But if the KPK is hesitant to implement this, the injured party can file a pretrial to determine the legality of the determination of the suspect. For example, RJL, who has been a suspect for 5 years, should RJ Lino submit to the judiciary to determine the legality of the determination as a suspect, "said Prof. Indriyanto.

Deputy Chairman of the Corruption Eradication Commission (KPK) Alexander Marwata revealed the possibility of dismissal of investigations, aka SP3, on allegations of corruption this year.

This is based on Article 40 of Law Number 19 of 2019 concerning amendments to Law Number 30 of 2002 concerning the KPK, which states that anti-corruption agencies can stop investigations and prosecutions of cases where the investigation and prosecution has not been completed within a maximum period of two years.

"There is a possibility (SP3, red) because after we have mapped there are several cases that still remember when the suspect was named in 2016 until now it has not been raised either. What is the reason, later we will ask to be combed. What are the cases, what are the obstacles, and whether it is possible to continue or not, "said Alex to reporters at the KPK's Red and White House, Kuningan Persada, South Jakarta, Tuesday, March 2.

The KPK, he continued, already has an SOP to stop investigating a case, namely that this termination is carried out after more than two years of no longer finding sufficient evidence or the suspect is not worthy of being brought to trial (unfit to stand trial). Furthermore, the KPK will ask for an expert opinion as a second opinion.

"The expert's opinion says there is no possibility of raising the case or for example not being fit to trial, not being able to be submitted to trial, yes, why should we hang on to it," he explained.

Then, according to the provisions, the KPK will have to be open to the public regarding the termination of an investigation or prosecution of a case.

In addition, the KPK leadership can revoke the termination of investigation and prosecution if new evidence is found at a later date which can invalidate the reasons for termination of investigation and prosecution, or based on a pretrial decision as referred to in the legislation.

"What is clear is that we will be transparent. So it is not solely because of the leadership's decision. We will be exposed to, title cases," he said.