Asabri-Jiwasraya Asset Purchase Prone To Sued, Observer: No Decision Yet, Prosecutor Must Be Responsible

Officers put a cover near the confiscated vehicle belonging to the suspect in the alleged corruption case of PT ASABRI (Persero) (Photo: ANTARA)

JAKARTA - Trisakti University criminal law observer Abdul Fickar Hadjar assesses that the purchase of Asabri-Jiwasraya assets that are being auctioned is prone to lawsuits.

"Moreover, there has been no court decision stating that the goods are the result of a crime or evidence that can be submitted to the state. So it is not valid," said Fickar as quoted by Antara, Sunday, June 13.

If in the future there is a dispute over the results of the auction, there may be a change in the status of the evidence that is not submitted to the state.

It is against the law to confiscate objects and serve as evidence before the execution or time of the acts committed by the defendant or convict, both in corruption cases and in money laundering cases.

So it must be returned to the rightful person or from where the goods in question were confiscated. "This means that the public prosecutor (JPU) must return it to the defendant or convict," he said.

The prosecutor as the executor of the criminal case must also be held responsible for selling the asset.

"If later the court decides to 'return' the assets to those who are entitled, namely the defendant, it means that the prosecutor must buy back the evidence that has already been sold," he said.

The buyer of the auction goods must voluntarily surrender the goods belonging to the defendant.

"The prosecutor must buy back the evidence that has been sold. Unless the defendant has no problem, he only accepts the money from the sale of the auction items," he said.