Judge Rejects Pretrial AW 101 Helicopter Corruption Suspect

PHOTO VIA BETWEEN

JAKARTA - A single judge at the South Jakarta District Court rejected the pretrial application of the suspect in the alleged corruption case of the AgustaWestland (AW-101) Helicopter procurement Jhon Irfan Kenway.

"Judging, rejecting the pretrial application from the applicant in its entirety," said Sole Judge Nazar Effriandi during a verdict reading session at the South Jakarta District Court (PN) as reported by Antara, Tuesday, March 22.

Jhon Irfan Kenway submitted a pretrial application on February 2, 2022 and it was recorded with case register 10/Pid.Pra/2022/PN JKT.SEL.

In his application, Jhon Irfan Kenway asked the sole judge to cancel his status as a suspect and lift the blocking of his and his mother's assets.

"Regarding the application for termination of the investigation and revocation of status as a suspect, it has been more than 2 years, after the sole judge has considered, judging from the provisions of the article and the petition of the applicant that the application to stop the investigation is not an object of pretrial, it will only become the object of pretrial if the respondent turns out to stop the investigation," said the judge. Nazar.

The judge was of the opinion that based on the letters submitted to determine the suspect against Jhon Irfan, according to the single judge, it was in accordance with the law.

"What is at issue is that the applicant is still a suspect even though the investigation has been more than two years, the single judge is of the opinion that the reason that has exceeded 2 years cannot be used as a reason for the cancellation of the respondent as a suspect," said Judge Nazar.

In the second application, Jhon Irfan asked for the cancellation of his status as a suspect because the investigations of state officials who previously had the status of suspects had been stopped.

"The single judge saw that because the things put forward by the applicant entered the technical realm in disclosing a criminal act, it was no longer a formal aspect, so the single judge agreed with the respondent, so these reasons must be rejected," added Hakim Nazar.

The third request regarding the cancellation of the confiscation and or blocking of assets because they are private property and not owned by PT. Diratama Jaya Mandiri and has nothing to do with the contract for the procurement of the AW 101 transport helicopter, the judge rejected the request.

"After the judge reads carefully, the single judge is of the opinion that the issues raised by the applicant are not a formal aspect of the validity of the confiscation determination made by the respondent but have entered the realm of proof of the confiscated object including the question of whether the confiscated object belongs to the suspect or someone else's. so that the panel of judges will consider the subject matter of the case," said Hakim Nazar.

The single judge assessed that the KPK as the respondent had provided sufficient documentary evidence against the reasons for the blocking.

"The judge agrees with the respondent that the meaning of blocking is not the same as confiscation. The judge assesses that the matter has entered the evidence of the main case. Whether the money is included in state money or not, the pretrial single judge does not have the authority to give an assessment, so the applicant's reasons must be rejected," said the judge. .

In the alleged corruption of the AgustaWestland (AW) 101 military helicopter, the modus operandi used by the suspects was to mark up prices. Initially in the TNI AU budget, it was budgeted for the procurement of AW 101 helicopters for VVIP worth Rp. 738 billion. However, on the orders of President Joko Widodo, the procurement was cancelled.

However, it turns out that the contract agreement No. KJP/3000/1192/DA/RM/2016/AU dated July 29, 2016 between TNI AU Headquarters and PT Diratama Jaya Mandiri regarding the procurement of AW-101 transport helicopters. PT Diratama Jaya Mandiri has made a direct contract with the manufacturer of the AW-101 helicopter worth IDR 514 billion

The AW 101 helicopter for transport vehicles arrived at the end of January 2017, but has not been used to date. POM TNI investigators have blocked an account in the name of PT Diratama Jaya Mandiri as a provider of goods amounting to Rp139 billion.

The TNI commander at the time, General Gatot Nurmantyo, said there was a potential state loss of Rp. 224 billion in the procurement of the AW-101 helicopter.

The TNI Puspom has issued an Investigation Termination Order (SP3) against five suspects in the alleged corruption case in the purchase of the AW-101 helicopter.

Five suspects from the military, namely Deputy Governor of the Air Force Academy First Marshal Fachry Adamy. Fachry is a former Commitment Making Officer or Chief of the Procurement Staff of the Indonesian Air Force for 2016-2017.

The other suspects are Lieutenant Colonel TNI AU (Adm) WW as former Head of Headquarters Headquarters, Pelda SS as Bauryar Pekas Diskuau; Colonel (Purn) FTS as former Sesdisadaau; and Marshal of the Indonesian National Armed Forces (Ret.) SB as Special Staff for Rafters (former Asrena Kasau).