Legal Expert: Expand Ex-Jampidsus Probe to Expose All Involved Parties
JAKARTA - Faculty of Law at Bina Nusantara University (Binus), Muhammad Reza Syarifuddin Zaki, assessed that the investigation of the alleged corruption crime (Tipikor) and alleged money laundering crime (TPPU) cases that ensnared the former Deputy Attorney General for Special Crimes (Jampidsus), Febrie Adriansyah, needed to continue to be developed to uncover all parties suspected of having involvement in the case.
Reza made the statement in a discussion held by the Indonesian Youth Congress Association entitled "Unmasking the Corruption Network Behind the Ex-Jampidsus Case: Who is the Actor? Who benefits?" in Jakarta, Friday, August 7.
According to Reza, the case that ensnared the former Jampidsus is suspected of involving more than one person. Therefore, he assessed that investigators needed to continue to develop the investigation to uncover other parties who were suspected of having a role in the case.
"When the development of the case has not brought up other names or main actors behind this case, of course, the public is still waiting for how investigators will develop the investigation process," said Reza.
He said, if you look at the development of the case, there is a dynamic that, in his view, is also of public concern. One of the highlights is the withdrawal of lawyer Hotman Paris from assisting the case.
"One of the symptoms is the withdrawal of Hotman Paris. Although he gave the reason for health, the public caught the aroma of rivalry and a strong dynamic behind this case," he said.
Furthermore, Reza highlighted the possibility of corporate involvement in the case. According to him, the provisions regarding corporate criminal liability have been regulated in the new Criminal Code (KUHP), so that legal subjects are not only limited to individuals, but also legal entities, including corporations.
Thus, said Reza, investigators have the room to apply criminal liability to corporations and individuals who are suspected of being responsible for the case based on evidence.
"Later there may be double accountability, both as directors and as individuals. I believe that the names of those suspected of being involved will appear in the process of developing the case," he said.
Reza also said that if in the development of the case it was found that the ministry or other parties were involved, then the public needed to continue to monitor the law enforcement process so that it could run transparently and accountably.
According to him, the public hopes that there will be no process outside the legal mechanism that can hinder the disclosure of parties suspected of being involved, both from officials and business actors.
"Therefore, we need to continue to monitor and monitor the development of this case," he said.
Reza also argued that if during the investigation process Febrie Adriansyah gave information that led to the alleged involvement of other parties, the information could become part of the development of the case in accordance with applicable laws.
In addition, he believes that the Corruption Eradication Commission (KPK) has the authority to take over the handling of certain cases if they meet the requirements as stipulated in the KPK Law.
"If you read the KPK Law, for example Article 10, there are a number of criteria that allow the KPK to take over a case, including if the state's losses are very large and the case is a public concern," said Reza.
The discussion featured a number of speakers from various fields, namely the expert on money laundering (TPPU) Yenti Garnasih, business law expert at Bina Nusantara University (Binus) Muhammad Reza Syarifuddin Zaki, former KPK investigator Yudi Purnomo Harahap, and lecturer in Political Science Postgraduate National University (Unas) Firdaus Syam.
The activity was attended by participants from various circles, ranging from student representatives, youth organizations, researchers, practitioners, to the general public. The forum aims to encourage public participation in monitoring the handling of alleged Tipikor and TPPU cases so that it takes place in a transparent, professional, and accountable manner.