Asked KPK Not To Selectively Cut When Issuing SP3 On Corruption Cases

JAKARTA - The Corruption Eradication Commission (KPK) opens the opportunity for a halt to investigations into a number of corruption cases but not the cases that ensnare former President Director of PT Pelindo II, RJ Lino.

The opening of opportunities for the issuance of SP3 for a number of stagnant corruption cases, was conveyed by the Deputy Chairman of the KPK, Alexander Marwata.

He said, this possibility could be done on the basis of Article 40 of the KPK Law Number 19 of 2019 which states that this anti-corruption agency 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.

To do this, he also said that the KPK already has a standard operating procedure (SOP). Among other things, this termination can be done after more than two years of no longer finding sufficient evidence or the suspect 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.

"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.

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.

Furthermore, Alex did not clearly state what cases his investigation would stop. He only said that there were indeed a number of cases that had been transferred but had not yet been tried because the defendant was sick and one of them was a senior politician who is also the President Director of PT Pantai Aan, Bambang Wiraatmadji Soeharto over the alleged bribery case related to the handling of land cases.

"Do not know the status is still hanging. We have not issued SP3 until now. Maybe later one of them," he said.

Although the investigation of corruption cases has been stopped, Alex stressed that the KPK will try its best to recover the state's financial losses. According to him, the KPK will ask the Prosecutor's Office to sue the suspect or defendant on a civilian basis if it is evident that there is a state financial loss.

"It is the same if the suspect dies and it is evident that there has been a state loss, we can sue to pay for state losses. We will transfer it to the Prosecutor's Office to be sued on a civil basis," he added.

Although there is an opportunity to issue SP3 for the Rasuah case that has been running for two years but has stalled, however, the KPK has not opened up this opportunity for the alleged corruption case of the procurement of 3 units of Quay Container Cranes (QCC) at PT Pelindo II with the suspect former President Director of PT Pelindo II RJ Lino which has been running for almost five years or since the end of 2015.

"For SP3 there is indeed 2 years, but there it can be stopped. We have not come to the conclusion that it will stop," he said.

He says this case can be solved. However, the KPK was constrained by calculating state losses caused by RJ Lino's actions.

As for the obstacle in calculating the state's losses, HDHM, who was the project executor, did not want to submit the QCC price document they sold to PT Pelindo II.

However, to get around this difficulty, the KPK asked the Supreme Audit Agency (BPK) to calculate the state's financial losses in this case and is just waiting for the results.

"Based on the results of the investigation, investigators are still waiting for information related to state losses. The BPK has already submitted the report. But they are still waiting for the calculation of higher education experts, technically how much is it," he explained.

In this case, RJ Lino was charged with Article 2 paragraph (1) and / or Article 3 of the Law on the Eradication of Corruption, one of which is detrimental to state finances.

He was named a suspect in the case of procuring three units of quay container crane (QCC) since December 2015. However, until now the case is still under investigation. This alleged corruption case is suspected of causing state losses of Rp. 50.03 billion based on BPKP's 2010 investigative audit report Number: LHAI-244 / D6.02 / 2011 on March 18, 2011.

Until now, the KPK has not yet submitted this corruption case to court. In addition, as a suspect, RJ Lino is still breathing air outside the KPK detention center.

The KPK's move to issue SP3 for cases younger than the case that caught RJ Lino was then responded by a criminal law expert from Trisakti University, Abdul Fickar Hadjar. He asked the KPK not to selectively choose to stop investigations into one corruption case.

"The KPK cannot selectively choose and politicize cases," said Fickar when contacted by VOI, Wednesday, March 3.

He considered, if there was a case where the investigation was halted for almost two years in accordance with Law Number 19 of 2019, then this should also apply to the case that caught RJ Lino. Moreover, this case has been running for five years without clarity.

"If there is a case that has only been in SP3 for two years, then a case that has been in SP3kan for five years should have been in SP3kan first," he said.

"If there are other factors that cause cases that are not SP3 for more than five years, the KPK must explain it to the public (the reason, red)," concluded Fickar.