Attorney General’s Team 9 Urged to Target Those Who Benefited from Alleged Febrie Adriansyah Money Laundering

Former Jampidsus of the Attorney General's Office (Kejagung) Febrie Adriansyah (ANTARA)

JAKARTA - Expert in Criminal Law Prof. Romli Atmasasmita asked the 9th Attorney General's Office (Kejagung) not only to focus on the investigation of former Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah, but also to trace the parties who are suspected of also enjoying the results of criminal acts of corruption and money laundering (TPPU).

According to Romli, the development of cases must be directed to all parties suspected of being involved through the participation mechanism as stipulated in Article 55 paragraph (1) of the Criminal Code (KUHP), as long as it is supported by sufficient evidence.

"One of the most sensitive aspects and potentially causing human rights violations is the determination of participation in criminal (deelneming) against other parties suspected of participating in corruption and TPPU crimes," said Romli, Monday, July 27.

He explained that the investigation should not stop at the main perpetrator if there are indications that there are other parties who ordered, participated in, helped, and enjoyed the results of the crime.

According to Romli, there are two important elements that must be proven by investigators in applying the participation article. First, the party suspected of being involved must be proven to know (weten) that there is a criminal act. Second, it must be proven that there is a will (willen) for the criminal act to occur.

"The second element requires that the parties concerned must be legally proven to want or will the occurrence of the crime. This will is a manifestation of the inner attitude (mens rea) which is the foundation of subjective criminal liability," he said.

However, Romli reminded the 9th Team of the Attorney General's Office to be careful in applying Article 55 of the Criminal Code. According to him, investigators must have strong evidence so that there is no mistake that has the potential to violate human rights.

"There should be no confusion that in turn violates human rights, including obsessive and unlawful investigations. The doctrine of criminal law since the middle of the 19th century has warned of the existence of delicts dolus and delicts culpa because the consequences of criminal sanctions are very sharp," he said.

Romli also asked the 9th Team of the Attorney General's Office to open the development of the investigation to the public periodically as a form of transparency and accountability.

In addition, he assessed that investigators must reveal the ownership of property in the form of money and gold found by investigators at a house in Sentul, including those who are the beneficial owners and those who enjoy the results of the alleged criminal act.

According to Romli, the Financial Transaction Reports and Analysis Center (PPATK) can trace the flow of funds and the status of wealth, while the Corruption Eradication Commission (KPK) can examine the wealth reports of state administrators (LHKPN) to strengthen the proof process.

If the investigation encounters serious obstacles, Romli believes that the KPK has the authority to take over the case through the coordination and supervision functions in accordance with the provisions of laws and regulations.

He added that the Financial Audit Agency (BPK) also has an important role in determining the amount of state financial losses if elements of criminal acts of corruption are proven.

According to Romli, if the investigators manage to prove the crime of corruption and the flow of the proceeds of crime to other parties, then the indictment can be compiled cumulatively by including the crime of corruption, the crime of money laundering, embezzlement in office, and participation against all parties who are proven to have participated in enjoying or helping the implementation of the crime.

He emphasized that the success in uncovering parties who also enjoy the fruits of crime is the key so that law enforcement does not stop at the perpetrators in the field, but is able to dismantle the entire network suspected of being involved in the case.