JAKARTA - Law expert at the University of Indonesia, Chudry Sitompul, assessed that the series of investigations into the case that ensnared the leadership and members of the East Java Provincial DPRD for the 2019-2024 period carried out by the KPK seemed forced to join in ensnaring the 5th Chairman of the DPD RI, AA LaNyalla Mahmud Mattalitti.
Chudry's assessment is based on the efforts and narratives built by the Anti-Rasuah Commission which are published in several national media. Where it seems as if LaNyalla is the party who should be suspected of being involved and responsible in the case of receiving grant funds whose use is deviant.
First, I want to emphasize, the legal basis for investigating corruption cases is the management of grant funds for community groups (pokmas) from the East Java Provincial Budget in 2019-2022, which came from recommendations from members of the East Java DPRD, which later found irregularities in the process. Namely cutting and cash back to leaders and members of the East Java DPRD," said Chudry in Jakarta, Saturday, April 19.
According to Chudry, the case began with a hand arrest operation to the Deputy Chairperson of the East Java DPRD, Sahat Tua Simanjuntak, in mid-December 2022. Then it was developed by combing through the pokmas of grant recipients on the recommendation of members of the East Java provincial council, where the KPK then named the leadership of the East Java DPRD and other members as suspects. Including the chairman of the East Java DPRD at that time, Kusnadi.
The second, which is also important to note, the search of LaNyalla's residence in Surabaya is based on an Investigation Order, namely Sprindik number 96/DIK/00/01/07/2024 dated July 5, 2024, which is a Sprindik for the suspect brother Kusnadi. This means that the KPK suspects that the results of the corruption crime against Kusnadi's brother are stored or at LaNyalla's residence. Or LaNyalla is one of the deputy recipients of the grant on the recommendations of Kusnadi's brother," he explained.
This, continued Chudry, is a question. Because LaNyalla has nothing to do with Kusnadi.
LaNyalla is also not a pokmas that accepts grants on the recommendation of Kusnadi or other members of the East Java DPRD. So it is natural that later KPK investigators did not find anything that was brought from LaNyalla's residence.
Then, most recently, the KPK said that LaNyalla's house was searched because he had been the Deputy Chairman of the East Java National Sports Committee (KONI) for the 2010-2019 period. This is also a question for me. Because this case is the big umbrella, seen from the Criminal Investigation Report (LKTP) and Sprindik this case is the use of the APBD in managing grant funds for the 2019-2022 pokmas, especially with the suspect Kusnadi, "he explained.
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Ucok, Chudry's nickname also explained that recipients of APBD grants always sign NPHD or Regional Grant Agreements, where organizations such as Regional KONI, KPUD, Panwaslu and others in the regions, are always signed by the Chairman. Not Deputy Chair.
"So even if the East Java KONI also receives a regional grant from the Provincial Government through Dispora, the one who is responsible is the chairman. Not the deputy chairman. Because the NPHD signature is the chairman. This is a due process of law. What must be enforced is fair, thus avoiding the arbitrariness of law enforcement institutions against the community," said the criminal law expert.
Therefore, he added, in the Criminal Procedure Code, one of which is due process, is that everyone must be guaranteed the rights to himself, his residence, and to avoid unreasonable examination and confiscation letters, as well as the right to protection and examination. the same in law.
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