DPN Interprets Criticism Of Handling Cases Of Former Tanah Bumbu Regent Mardani H Maming

JAKARTA - The National Leadership Council of the Indonesian Legal Student Association (DPN Permahi) assesses that the rules of the game in the application of the law against every suspected extraordinary crime such as corruption, must of course be in accordance with the mechanism of the applicable laws and regulations.

This was conveyed in response to the case of the former Regent of Tanah Bumbu, Mardani Maming by the Banjarmasin Corruption Court.

Permahi General Chair, Fahmi Mycule said, there were irregularities ranging from the initial examination process, the determination of suspects, and the lack of expert witnesses.

"Just look at the 9 July 2022 KPK starting to investigate the alleged gratification of the transfer of mining business permits (IUP) in Tanah Bumbu, a week later this case rose to the investigation stage, on June 16, 2022, the KPK named Mardani H Maming as a suspect. The change in status of the witness became a suspect in a short time without examining witnesses and evidence," he said in an electronic message received in Jakarta, Monday, October 4.

Generally, the KPK must summon and ask for expert witnesses in the field of administration and licensing to explore the regent's authority and decision. Fahmi also highlighted the pretrial process proposed by Mardani.

Mardani has filed a pretrial at the South Jakarta District Court to sue the suspect. The day before the pretrial decision, the KPK issued a wanted list (DPO) status for Mardani on July 26, 2022.

"Although on July 25, 2022 he has stated in writing that he will attend the next trial on July 28, 2022," he explained.

The determination of the DPO at the end of the pretrial was a big surprise for Mardani, considering that the provisions of SEMA Number 1 of 2018 prohibit the fugitive from filing a pretrial.

According to Fahmi, this is an effort to limit the defendant to an open and fair law enforcement process. It is also considered a tragic and uncontitusional step in tightening Mardani's rights as a citizen.

In addition, there is also the Regent's Decree, which is at the core of the accusation, which has been administratively recognized with a clear and clean (CNC) certificate from the Ministry of Energy and Mineral Resources for more than 11 years. However, the facts of this trial were ignored and not considered by the panel.

"It should be legal if all the points of the indictment are not fulfilled and then the truth cannot be proven, then the consequences of the indictment must be premature and must be rejected, so that the defendant must be released and his good name restored," continued Fahmi.

Surprisingly, the panel of judges at the Banjarmasin Corruption Court had another opinion, according to Fahmi, it was a decision that deeply hurt the sense of justice.

"We will of course submit our official view to the panel of judges who are tried in the judicial review (PK) trial as a friend of the court or Amicus Curae. This step is of course a form of Permahi's efforts in overseeing the running of a clean, professional justice system in accordance with the laws and regulations in Indonesia," he said.