Unsoed criminal law expert, Hibnu Nugroho, assessed that the steps of the Attorney General's Office (Kejagung) to re-investigate the alleged corruption in the mining permit in North Konawe which was stopped by the KPK with the issuance of SP3 were the right decision.
He revealed that in criminal procedure law, the termination of a case (SP3) can be carried out for two reasons, namely for the public interest or for the law. If SP3 is carried out for the sake of the law, it is generally due to the lack of evidence.
"In the context of SP3 by the KPK on this case of alleged corruption in mining permits, the incident exists. What is questioned is only the lack of evidence," said Hibnu, Sunday, January 4.
With this condition, the Attorney General's Office has legal space to take over the case and develop it again. "In this context, the prosecutor's office can take over the case. It remains to be seen, what is lacking in the KPK. This takeover is actually very good, because the loss of the country is extraordinary," he continued.
According to Hibnu, legally there is no problem if the Attorney General's Office takes over the handling of the case, especially if there is public demand for the SP3 decision issued by the KPK. If the Attorney General's Office takes over, then it is not continuing the investigation that has been carried out by the KPK, but developing the case again by finding completeness of evidence.
"One of the reasons why the KPK stopped this case was the lack of evidence. Then the Attorney General's Office just needs to complete the elements of proof of his criminal act," he said.
Hibnu also touched on the fact that in the case, a suspect had previously been determined. This should show that there is sufficient initial evidence. "Ideally, if there is already a suspect, it means that there is initial evidence. This is actually interesting to criticize," he added.
However, he emphasized that SP3 can also be understood as a form of legal certainty if law enforcement is prolonged due to lack of evidence. However, he reminded that the practice of law enforcement in Indonesia does not always run in a vacuum.
"There could be external factors. High-level politics and law, certain interests. I think intervention against the KPK is possible. Moreover, when it comes to mines, there are usually findings," said Hibnu.
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