Unable To Have SPDP, The KPK Judged The Suspect In The ASDP Corruption Case

The determination of a suspect in a corruption case related to the business cooperation and acquisition of PT Jembatan Nusantara by PT ASDP Indonesia Ferry (Persero) by the Corruption Eradication Commission (KPK) was highlighted.

Criminal law expert from ST Thomas University Medan, Berlian Simarmata, questioned the absence of a notification letter for the start of the investigation (SPDP). This was conveyed after one of the suspects, IP conveyed this condition in a pretrial hearing at the South Jakarta District Court (PN), Tuesday, September 17.

"It is said that investigators are obliged to notify the public prosecutor, the reported party, and the victim or reporter no later than seven days after the issuance of the investigation warrant. That is the contents of the Constitutional Court's decision," said Berlian in a statement quoted on Wednesday, September 18.

This Berlian statement refers to the Constitutional Court Decision (MK) Number 130 of 2015. Thus, he said that the determination of the suspect committed by the KPK in this case was invalid.

Moreover, SPDP is important to convey to the suspect to provide legal certainty.

"Because if a person becomes a suspect or has been named a suspect, there is an opportunity for forced efforts to violate the rights of the suspect," he said.

In addition, the letter is also important for the suspect to fight for his rights. One of them is through a pretrial lawsuit.

As for the pretrial hearing, IP's attorney brought a number of documents and written evidence to refute the KPK argument in determining the suspect. One of them is the absence of SPDP received by his client.

"So it means that he wants to prepare for self-defense, so he doesn't think, the person knows where the case is," he concluded.