Asabri Ship Asset Auction At KPKNL Illegal, Legal Counsel Reminds People Not To Join Or Sue!

Illustration. (Photo: Doc. Asabri)

JAKARTA - The Attorney General's Office considers the auction of assets belonging to PT Jelajah Bahari Utama and PT Trada Alam Mineral Tbk as an illegal act. According to the attorney for the two companies, Haris Azhar, his party has filed legal action and therefore warned the public not to participate in the auction of confiscated objects in the alleged corruption case of PT Asabri, which is only based on Article 45 of the Criminal Procedure Code.

"That our client is the owner of the ship to be auctioned, and is not related to a criminal act or is not an item obtained from the proceeds of a criminal act allegedly committed by Heru Hidayat. Moreover, these assets are still under mortgage guarantee status! KPKNL conducting an auction is an illegal act," Haris told reporters in Jakarta, Thursday, July 1, 2021.

Haris added that all the goods obtained by his client were based on the results of his own efforts and were not related to Heru Hidayat, had been obtained long before the time of the investigation.

"Therefore, our client has filed a lawsuit against the law committed by the authorities, in accordance with the provisions of Law No. 51 of 2009, in conjunction with Law No. 9 of 2004, in conjunction with Law No. 5 of 1986, in conjunction with Supreme Court Regulation No. 2 of 2019. Which lawsuit has been registered at the State Administrative Court No. 151/G/2021/PTUN-Jkt," he said again.

In connection with this, continued Haris, his party informed and warned the general public not to participate in the auction.

"This is done to avoid lawsuits in the future from our clients to be careful not to buy ships from the auction that will be carried out by the Indonesian Attorney General's Office, because we have filed legal action against the auction plan," he said.

He added, with the legal effort, the auction conducted by the Auction Officer could be canceled. Haris' statement is in accordance with the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 articles 27-33.

"In one of the PMK articles it states that the auction can be canceled if there is a lawsuit against the plan for the execution of the auction of Article 6 of Law Number 4 of 1996 concerning Mortgage on Land and Objects Related to Land (UUHT) from parties other than the debtor. / executed, the husband or wife of the debtor / executed related to the ownership of the object of the auction. And the goods being auctioned were not the result of corruption," said Haris.

Previously, the Faculty of Law at Pakuan Yenti Garnasih University assessed that the legal basis for the auction in the Asabri case was inadequate. The reason is, the AGO only relies on the Criminal Procedure Code (KUHAP) in conducting auctions.

"It's too minimal to just stick to the Criminal Procedure Code, while this corruption is already outside the Criminal Procedure Code. It should have its own tools, the Criminal Procedure Code is for ordinary stealing, ordinary crimes," said Yenti.

Meanwhile, Universitas Airlangga (UNAIR) Law Lecturer Prof. Dr. Lucianus Budi Kagramanto stated, if it is true that the confiscated assets are still in debt or unrelated to the corruption case, then the prosecutor's office is suspected of making a mistake.

"Basically, the Jiwasraya and Asabri cases are civil cases, and there is no element of corruption. They should not have entered the Corruption Court," he said.

He also considered that the prosecutor's office was too pushy if they knew there were assets that were not related to the Asabri case, which were forced to confiscate only to pursue them to match the amount of state losses.

"If it is forced, it means that the case that should be handled in the district court has the wrong address if it is handled by the corruption court," he said.

The plan to auction Asabri's confiscated assets was submitted by the Deputy Attorney General for Special Crimes (JAMPidsus) at the Attorney General's Office, Ali Mukartono. According to him, the auction mechanism is regulated in Article 45 of the Criminal Procedure Code.

"It's okay to Article 45 of the Criminal Procedure Code, on the grounds that storage costs are too high. We are limited in costs," said Ali.

Meanwhile, the Director of JAM-Pidsus Investigations at the Attorney General's Office, Febrie Ardiansyah, the auction process will involve the AGO's Asset Recovery Center (PPA).

"PPA has coordinated with the Public Appraisal Service Office (KJPP) to assess its assets, later the KPKNL (State Assets and Auction Service Office) auction," he said.