JAKARTA - The team of attorneys for defendant I in the case of alleged corruption in the 2013-2020 Army Housing Compulsory Savings Fund, Brigadier General Yus Adi Kamrullah (YAK) asked the judges of the Jakarta High Military Court II not to continue investigating the case.
According to the defendant's attorney, Brigadier General Yus Adi Kamrullah (YAK), namely Muhammad Yunius Yunio, the case of alleged corruption in the Army Housing Compulsory Savings Fund (TWP AD) in 2013-2020 should be processed in the corruption court (tipikor) because the High Military Court II Jakarta does not meet absolute competence.
"According to the legal perspective of the legal team of Defendant I, it is not appropriate if this corruption case is examined, tried, and decided at the Jakarta High Military Court II because it does not meet the rules of absolute competence for a criminal act of corruption, even though Defendant I is a member of the Indonesian Army," Yunio said when conveying exceptions or objections in a trial at the High Military Court II Jakarta, East Jakarta, as reported by Antara, Thursday, May 12.
Furthermore, he explained that based on the law, cases of criminal acts of corruption can only be tried in a corruption court, as contained in Article 5 of Law Number 46 of 2009 concerning the Court of Criminal Acts of Corruption.
"Article 5 of Law Number 46 of 2009 concerning the Court of Criminal Acts of Corruption states that the court for corruption is the only court that has the authority to examine, hear and decide cases of criminal acts of corruption," said Yunius.
A similar objection was also conveyed by the legal team for Defendant II, namely the President Director of PT Griya Sari Harta Ni Putu Purnamasari (NPP).
"Supposedly, the legal process that must be taken is through the mechanism of justice for criminal acts of corruption at the Central Jakarta District Court in accordance with Article 5 of Law Number 46 of 2009," said attorney for defendant II Ni Putu Purnamasari (NPP) Cepi Hendrayani.
Thus, he requested that the examination of the case against Defendant II also be discontinued by the Jakarta High Military Court II.
To respond to the exception, Chief Justice Brigadier General Faridah Faisal said the military prosecutor team who was the public prosecutor at the military trial had 7 days to prepare a response. The trial will continue on May 19, 2022.
Previously, the Head of the Indonesian Attorney General's Office for Legal Information Center Ketut Sumedana said the two defendants were charged with the alleged corruption case of the TWP AD funds from 2013 to 2020 at the trial reading the indictment at the High Military Court II Jakarta, Wednesday (27/4).
As for the charges, the primary one is violating Article 2 Paragraph (1) in conjunction with Article 18 of Law (UU) Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 31 of 2001 in conjunction with Article 55 Paragraph (1) of the 1st KUHP in conjunction with Article 64 Paragraph (1) of the Criminal Code.
Then, the first subsidiary violated Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 31 of 2001 in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code in conjunction with Article Paragraph (1) of the Criminal Code.
For the second indictment, they were charged with Article 8 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 31 of 2001 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code.
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