Lawyers Ask Djoko Tjandra To Be Released From Detention

Djoko Tjandra at the Salemba Detention Center for the National Police Criminal Investigation Unit (Source: Public Relations of the Police Headquarters)

JAKARTA - Djoko Tjandra's lawyer, Otto Hasibuan protested the execution of his client at the Salemba detention center, the National Police Criminal Investigation Unit. The executions which ended in detention were deemed illegal.

"The detention of Djoko Tjandra by the AGO was illegal because the verdict that was executed was legally null and void based on Article 197 of the Criminal Procedure Code," said Otto Hasibuan in a written statement to journalists, Sunday, August 2.

This argument was put forward by Otto in connection with a series of legal proceedings against Djoko Tjandra. Initially, Djoko Tjandra was decided to "be free from all lawsuits" (ontslag van rechtsvervolging) in the decision of the South Jakarta District Court on August 28, 2000.

Subsequently, in 2009, the public prosecutor filed a legal remedy for the Judicial Review (PK). Djoko Tjandra's lawyer called this legal remedy, violating and contradicting Article 263 paragraph 1 of the Criminal Code.

The reason was, Article 263 paragraph 1 of the Criminal Code referred to by Otto which stated that 'decisions that are free from all legal claims that have permanent legal force' are excluded from decisions that can be filed for PK legal remedies.

"Then Article 263 paragraph 1 of the Criminal Procedure Code also regulates that the right to file legal remedies for PK is not owned by the public prosecutor. Therefore, it is clear that the prosecutor's legal action against Djoko Tjandra is completely baseless and violates Article 263 paragraph 1 of the Criminal Procedure Code, ”he explained.

Otto also reviewed the PK decision submitted by the prosecutor. The Supreme Court knocked on the verdict that found Djoko Tjandra guilty of committing a crime related to the Bank Bali collection rights (cessie) case. Djoko Tjandra in the PK decision was sentenced to 2 years in prison and paid a fine of Rp. 15 million.

On the Supreme Court's decision against the PK submitted by the prosecutor, Otto alluded to Article 197 paragraph 1 letter of the KUHAP which regulates that the sentencing decision letter must contain an element of 'an order for the defendant to be detained or remain in detention or release'. In Article 197 paragraph 2, continued Otto, the issue of a verdict is null and void if the provisions of Article 197 paragraph 1 letter k are not fulfilled.

"Because the PK ruling (submitted) by the prosecutor above did not contain a detention order against Djoko Tjandra, the PK decision is null and void based on article 197 paragraph 1 letter k and paragraph 2 of the Criminal Procedure Code," said Otto.

Even if the PK decision submitted by the prosecutor is deemed not null and void, according to Otto, this decision does not contain a detention order.

"I think that the AGO's detention against Djoko Tjandra on July 31 is illegal and against the law, therefore Djoko Tjandra must be released immediately," said Otto.

Djoko Tjandra, convicted of corruption, was executed at the Salemba branch of the Prison at Police Headquarters, Friday, July 31. Djoko Tjandra's placement in this detention center is temporarily related to the examination that will be carried out.

The administrative process for the execution of Djoko Tjandra was attended by the Head of Criminal Investigation of the National Police, Komjen Listyo Sigit Prabowo, Head of the Salemba Detention Center, Renharet Ginting, and Deputy Attorney General for Special Crimes (Jampidsus) Attorney General Ali Mukartono.

"The execution has been carried out by the public prosecutor, so starting tonight the concerned brother Djoko Tjandra will become a prisoner in a correctional facility and become a member of the prison," said Director General of Corrections (PAS) Reynhard Silitonga at a press conference at the Criminal Investigation Unit of the National Police, Jakarta Friday, July 31. .