The Prosecutor's Opinion In The Asabri-Jiwasraya Case Is Considered To Have A Negative Impact On Indonesian Politics, Social And Economy

JAKARTA - The statement by the Director of Investigation Jampidsus Febrie Ardiansyah recently regarding the flow of funds suspected of corruption by PT Asabri into bitcoin, invited comments from a number of observers. They considered Febrie in delivering her statement to have included her personal opinion so that it was no longer objective.

Moreover, the prosecutor's office has not yet completed the calculation of state losses so that it can get a definite value from the audit team of the Supreme Audit Agency (BPK). According to the criminal law expert at Al Azhar Indonesia University, Suparji Ahmad, Dirdik should not make an opinion on the premature process.

"Even though it is in the framework of transparency, it is feared that if we make a wrong opinion it could backfire for the prosecutor's institution. The law enforcement process must not be embellished with opinions," said Suparji in Jakarta, Tuesday, April 20, 2021.

He also suggested that the AGO in giving a statement must maintain its objectivity as a law enforcer. If it is haphazard, he continued, it could cause a national uproar.

"So the investigator's statement must also take into account the negative impact on politics, social and economy. And Attorney General's investigators should not freeze securities accounts without examining the issuer and ensuring that the account is related to criminal acts as mandated by Article 39 of the Criminal Code," he said.

According to him, if it has nothing to do with crime, investigators cannot arbitrarily have their opinion or confiscate. This is because the law enforcement process carried out by law enforcement officials should not disturb the economic sector. Especially in a pandemic situation like today, the country's economy has been very depressed. So it's best not to make a scene.

Likewise, Pelita Harapan University legal expert Rizky Karo-Karo assessed that law enforcers handling the Asabri and Jiwasraya cases, in fact, in carrying out their duties and authorities must be based on sufficient preliminary evidence, there are at least two pieces of evidence in the criminal procedural law.

"Law enforcers are also obliged not to forget the principle of presumption of innocence until finally there is a judicial decision from the judge examining the a quo case which has permanent legal force (inkracht van gewijsde)," he said.

Meanwhile, regarding the prosecutor's accusation about the flow of funds to bitcoin, Benny Tjokro's attorney, Bob Hasan, denied this. He emphasized that it was suspected that law enforcers had been careless.

"Wow, I just found out that there was an accusation. We also don't know if there is a flow of funds to bitcoin. The basis is that prosecutors are so careless in processing this law," said Bob Hasan.