Legal Expert Urges Layered Charges, Including Money Laundering, in Ex-Jampidsus Case
JAKARTA - Professor of Human Rights and Social Welfare Law at the Faculty of Law, University of Indonesia (FH UI), Heru Susetyo, encourages law enforcement officials to study the application of layered articles, including money laundering (TPPU), in handling alleged cases that drag former Deputy Attorney General for Special Crimes (Jampidsus), Febrie Adriansyah.
Heru conveyed this view in a public discussion entitled "Abuse of Office, Criminal Acts of Office, and Criminal Appeals: Will it be Applied to the Former Jampidsus Febrie Adriansyah?" which was held in Central Jakarta, Tuesday, July 21.
According to Heru, the National Criminal Code (KUHP) through Law Number 1 of 2023 has regulated the imposition of criminal penalties for officials who abuse their positions.
He assessed that if all elements of the crime could be proven, law enforcement officials could consider the implementation of a number of provisions in the Corruption Eradication Law, including Article 12 letter e regarding extortion by state officials and Article 12B regarding gratification related to positions.
In addition, Heru also highlighted the importance of studying the implementation of the Money Laundering Criminal Act (TPPU). According to him, Articles 3 and 4 of the TPPU Law can be applied if there is an allegation of hiding, disguising, transferring, or placing property derived from criminal acts.
Heru explained that the approach using layered articles would provide a more comprehensive space for law enforcement officers in uncovering the entire construction of the case if supported by adequate evidence.
He also reminded that the National Criminal Code contains provisions for criminal charges against officials who abuse the authority, opportunities, or means obtained due to their positions.
According to Heru, this provision is the legal basis for imposing a heavier sentence if it is proven that there has been abuse of office in carrying out duties as state organizers.
On the same occasion, the academic of the Postgraduate Program in Political Science at the National University of Jakarta, Firdaus Syam, assessed that handling cases that are of public concern will be a test for the commitment to law enforcement in Indonesia.
"This is a test for law enforcement agencies as well as state organizers. Will we take bold steps that can give the public new hope, or will we just let this case evaporate? We certainly don't want a big case like this to slowly fade away without a just settlement," said Firdaus.
The discussion also featured the Chairperson of the Trisakti University Criminal Law Study Center, Maria Silvya Elisabet Wangka, Professor of State Law at UPN Veteran Jakarta Taufiqurrahman Syahuri, criminal and criminology experts at Bina Nusantara University Ahmad Sofyan, and Lokataru Research and Knowledge Manager Hasnu Ibrahim. The activity was attended by representatives of student organizations, youth organizations, researchers, practitioners, and the general public.