JAKARTA - Indonesia Corruption Watch (ICW) reported the investigating prosecutor who investigated the case of Attorney Pinangki Sirna Malasari to the Prosecutor's Commission. Three people were reported with the initials SA, WT, and IP.
"The report was carried out at 12.00 WIB and received by the Chairman of the Prosecutor's Commission, Barita Simanjuntak," said Kurnia in a written statement, Wednesday, October 14.
There are four things that underlie ICW's reporting of the three investigating prosecutors. First, it is suspected that investigators did not dig up the material truth based on Pinangki's statement, who admitted that on November 12, 2019, he had a meeting with the convicted person in the Bank Bali collection rights corruption case, Joko Tjandra.
According to Kurnia, this indicates that investigators are not implementing Article 1 point 2 of the Criminal Procedure Code, which requires them to collect evidence to clearly identify the criminal acts that have occurred in order to find suspects.
This is because it seems that investigators did not go into Pinangki's statement, which said that Joko simply believed in himself who only served as Head of Sub Division of Monitoring and Evaluation II at the Planning Bureau of the Junior Attorney General for the Development of the Attorney General's Office to administer the Supreme Court fatwa request through the Attorney General's Office.
"At least there are some irregularities seen in the investigation on behalf of Pinangki Sirna Malasari, namely that it is impossible for a big fugitive like Joko Tjandra, who has fled for eleven years, to immediately trust the prosecutor who does not have an important position to administer the fatwa," he said.
In addition, it turns out that the fatwa cannot be submitted by an individual in society but for state institutions. "If in the context of the Pinangki case, the fatwa that is wanted through the Attorney General's Office, then the next question is what is Pinangki's duty and authority so that he can administer a fatwa from a state institution in this case the AGO? Then, what makes Joko Tjandra believe?" he asked.
Second, the reason for ICW to report the Pinangki investigators to the Prosecutor's Commission is that they are suspected of not following up on the results of the investigation in the Supervision Division of the Attorney General's Office. This suspicion was strengthened because from many reports it was stated that the results of the investigation said that Pinangki had reported to his leadership after meeting with Joko Tjandra. However, Kurnia doubted that investigators had traced the meaning of the leadership mentioned by Pinangki.
The next reason is that this reporting is done because the investigators are suspected of not having studied the role of the parties who have been rumored to be involved in the case. In fact, so far many terms and initials have appeared, such as 'your father', 'BR' and 'HA'.
"In this context, ICW doubts that investigators have studied these terms and initials. In fact, if it has been investigated and found who the party is, then these people should be summoned before the investigator for clarification," he said.
Next, this reporting is also based on the allegation that investigators did not coordinate with the KPK during the process of transferring cases to the Corruption Court. In fact, this coordination process is important, especially since the anti-graft agency issued a warrant for supervision of the case that ensnared the former prosecutor on 4 September.
So that with a number of allegations he has explained, ICW suspects that the investigators are in conflict with Article 5 letter a of the Regulation of the Attorney General of the Republic of Indonesia Number Per-014 / A / JA / 2012 concerning the Attorney General's code of conduct which reads: "The obligation of a prosecutor to the prosecutor uphold the honor and dignity of the profession in carrying out its duties and authorities with integrity, professionalism, independence, honesty and fairness. "
With this report, ICW then asked the Prosecutor's Commission to follow up on the report. "If later this report is proven true - by carrying out an examination of investigators - then ICW will urge the Prosecutor's Commission to recommend the Attorney General to impose strict sanctions on investigators," he concluded.
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