Febri Diansyah Reveals 9 Irregularities in the Investigation of the Former Jampidsus Febrie Adriansyah Case
JAKARTA - Lawyer for former Jampidsus Febrie Adriansyah, Febri Diansyah, revealed nine irregularities in the alleged corruption that ensnared his client. One of them is related to the investigation order (sprindik) issued by the Attorney General's Office (Kejagung).
"Until now, yes, we have identified at least nine irregularities or indications of violations of the law in the handling of cases with the suspect Mr. FA handled by the Attorney General's Office," said Febri after visiting Febrie at the KPK's Red and White building, Kuningan Persada, South Jakarta, Monday, August 3.
"First, we found that there was a practice of combining two criminal cases in one sprindik," he continued.
Febri said this kind of practice should not happen. "It should be a separate criminal corruption case, if there is evidence, it is a separate case. After the investigation is carried out, then the evidence is sought, if the evidence is sufficient, then a new money laundering case will be opened," he said, referring to his statement based on Law Number 8 of 2010.
The second point, Febri said, was the error in writing in the sprindik. "So in the weighing part it is called, for example, the case is related to the Krakatau Steel company, then but the order is related to the coal investigation. And vice versa, we found it," explained the former KPK Spokesperson.
Febri then highlighted the Kejaksaan's carelessness in writing the time of the crime in the sprindik. In the policy, he said the corruption case occurred in 2028 to 2026.
"So it's like a sprinter who writes the future like that, yes, from 2028 to 2026," he said.
The next point, Febri found the alleged determination of his client's suspect with the TPPU article which violated the principle of lex favor reo in the new Criminal Code.
Febri also touched on the main crime or predicate crime in the sprindik of his client which was unclear. "This Asabri is handling the case in 2021 or 2022 at the Attorney General's Office. Meanwhile, in the sprindik of the suspect, in the determination of the suspect, it is called the time range from 2018 to 2026. So there is an unclear zone between 2021, 2022 and going back in 2018," he said.
Not only about sprindik, Febri also talked about the irregularities of detention. He indicated a violation of Article 100 Paragraph 5 of the Criminal Procedure Code because there were no conditions listed in the detention order (sprinhan).
"Then ... the rights of the suspects are not fulfilled regarding the delivery of information about the case as clearly as possible in a language that is understandable," he said.
"And the ninth, we also found that the party who signed the sprindik was not authorized. This of course refers to the internal rules at the Attorney General's Office. In fact, can the investigation order be signed directly by the investigator, or signed by the Jampidsus, or signed by the director? Well, this is in the process that we are still exploring," continued Febri.
Even so, Febri said that a pre-trial would not be filed. Febrie Adriansyah is said to still be considering filing this legal action.
"Until yesterday I visited it, there was no decision on the pretrial, because we were asked to go deeper, to be more thorough in listening to every stage and process."
As previously reported, the Attorney General's Office (Kejagung) entrusted the detention of Febrie Adriansyah at the KPK Branch Red and White Building Detention Center after designating him as a suspect in the alleged TPPU on Friday, July 24.
Febrie was detained for the first 20 days. It is known that the Attorney General's Office has investigated a total of four Sprindik related to the transfer of Febrie's case from the Police. Finally, the 9 team has issued a new sprindic related to the alleged Criminal Money Laundering (TPPU) in the case of the discovery of gold weighing 74 kg and cash hundreds of billions of rupiah at Febrie Adriansyah's house in Sentul, West Java
Meanwhile, the three sprindik include cases of alleged corruption in ASABRI, Krakatau Steel, and Coal Procurement for PLTU which had caused power outages or blackouts.