Jampidsus Will Auction Asabri Case Assets, Attorney: Obviously Premature And Disadvantages To Society

Asabri Building. (Photo: Doc. Asabri)

JAKARTA - The Attorney General's Office plans to auction off a number of confiscated assets in the Jiwasraya and Asabri cases in the near future. Responding to the statement, the legal advisor team of PT Trada Alam Minera Heru Hidayat, Kresna Hutauruk objected and rejected the plan of Junior Attorney for Specific Crime (Jampidsus) Ali Mukartono et al.

"We from Mr. Heru Hidayat's side have expressed our objection and objections to this action," Kresna told reporters, as quoted on Sunday, May 9.

He reasoned that there were a number of assets confiscated by investigators that had nothing to do with the case. In fact, there are a number of assets that clearly do not belong to the suspect and some have been acquired by clients outside the case of the case.

Kresna also gave an example of a number of assets in question. The vessels confiscated by the prosecutor's office belong to a public company, where the majority of the shares are owned by the public, so that the auction before the verdict has permanent legal force is clearly detrimental to the public.

"Another consequence will certainly be burdensome for our clients because surely the owners of assets who do not receive them will sue," he said.

"There are also items which status is being pledged as collateral to the bank, so it is clear that there are rights of third parties that must be protected. Moreover, these goods are not easily damaged and dangerous, so that their maintenance can still be entrusted to the company or bank concerned," he said again.

He also considered that the auction carried out by the prosecutor was very premature and Article 45 of the Criminal Procedure Code could not be used as an excuse for investigators to auction if the basis of ownership of the assets was overlooked. His party will fight and take any legal action against those who carry out the auction.

"The auction is very premature because if the decision states that the asset is not related to Asabri, it will be very detrimental to the general public, in this case, the investor who owns the asset, so that even though it is in the form of money, the value will not be the same as the value of the goods, we will fight with every legal action we can take," he explained.

Responding to this polemic, criminal law expert from Al Azhar Indonesia University, Suparji Ahmad encouraged all parties who are still concerned about law enforcement reform at the Attorney General's Office to conduct a national examination of the case. He said that this step was urgently needed at this time for better law enforcement.

"National examination needs to be carried out to be able to test the legal process so that it is in accordance with the applicable procedural law," said Suparji in Jakarta, Saturday, May 8, 2021.

He also considered that if the national examination was carried out it could create a sense of justice, certainty, and benefit for law enforcement in Indonesia. Therefore, he also invited academics and legal observers to conduct a national examination immediately so that they could make a positive contribution to the law enforcement process.

"In addition, this national examination can also provide fresh air to improve the investment climate, especially in the capital market, which is currently in ruins," he said.

Likewise, prosecutor's observer, Fajar Trio Winarko, said that the national examination of the case was part of the support for President Jokowi's good intentions to enforce the law as fairly as possible to the public.

"I think it must be done. Because the results of the examination of the Jiwasraya and Asabri cases can be directly submitted to President Jokowi as input for the performance of Attorney General ST Burhanuddin and his staff," said Fajar.

If the examination found new facts that suspected SOP violations, he continued, President Jokowi must fire Attorney General ST Burhanuddin, Jampidsus Ali Mukartono, and his subordinates who were involved in handling the case.

"This is because this national examination is the result of studies by academics, especially in the field of law, as well as providing enlightenment for investigators to stay 'on the track' in handling the case. If law enforcement malpractice is found, the President can just fire the Attorney General and his men," he said.

"Because the dilapidated law enforcement causes the investment climate in Indonesia to also collapse. This is President Jokowi's homework so that his work program can run according to the campaign promise at that time," he said again.