Asabri Asset Auction Has No Legal Basis, Experts: It's A Civil Case, Wrong Address Tipikor

Illustration. (Photo: Unsplash)

JAKARTA - The Attorney General's Office will auction a number of evidence related to the alleged corruption of financial management and investment funds at PT Asuransi Sosial Angkatan Bersenjata Republik Indonesia (ASABRI). The decision was made by the Adhyaksa Corps, which was burdened with the cost of maintaining confiscated assets.

Even a number of items seized by prosecutors turned out to be many unrelated to the alleged corruption case. This includes statements of receivables and goods secured to third parties.

Inevitably, the efforts made by the prosecutor's office were criticized by a number of legal experts in Indonesia. One of them is related to the auction mechanism stipulated in Article 45 kuhap.

According to Lecturer of Law, Universitas Airlangga (UNAIR) Lucianus Budi Kagramanto, if it is true that the confiscated assets are still in debt and unrelated to the tipikor case, then the prosecutor is suspected of wrongdoing.

"Basically jiwasraya and asabri case is a civil case, and there is no element of corruption. It should not enter the tipikor judiciary," he said in Jakarta, Monday, May 17.

He also judged the prosecutor too imposing himself if he knew there are assets unrelated to the ASABRI case that forced his seizure just to pursue to match the amount of state losses.

"If forced means a case that should be handled in the district court is misaddressed if handled by the court tipikor," he said.

Similarly, the Dean of the Faculty of Law, Pakuan Yenti Garnasih University, considered the legal basis for the auction in the ASABRI case inadequate. He reasoned that Kejagung only corresponds to the Criminal Procedure Law (KUHAP) in conducting auctions.

"It is too minimal to hold on to KUHAP alone, while this corruption is already outside kuhap. Should have had its own device, KUHAP it's to steal ordinary, ordinary criminal," said Yenti.

Yenti argues that assets that are still in debt and unrelated to corruption cases should not be questioned by prosecutors. "As long as the property can be proven ownership that is not the result of corruption, the debt is okay. But if proven the result of corruption remains a problem," he said.

According to Yenti, this auction requires the presence of the Asset Forfeiture Act as a legal umbrella. He assessed that the country's policy makers are less responsive to economic crimes that often ensnare suspects in money laundering (TPPU) crimes.

The planned auction of ASABRI seized assets was triggered by the Young Attorney General for Special Crimes (JAM-Pidsus) Kejagung Ali Mukartono. According to him, the auction mechanism is regulated in Article 45 kuhap.

"It can be Article 45 KUHAP, with storage costs too high. We are limited in cost," Ali said.

Meanwhile, Jam-Pidsus Investigation Director Kejagung Febrie Ardiansyah the auction process will involve the Kejagung Asset Recovery Center (PPA).

"PPA has been coordinating to the Office of Public Appraisal Services (KJPP) to assess its assets, later the auction kpknl (Office of State Wealth Services and Auctions)," jelas Febrie.