Mardani Maming Finally Becomes A Fugitive From The KPK, Pretrial Falls?

Former Regent of Tanah Bumbu Mardani H. Maming. (Between Private docks)

JAKARTA - The Corruption Eradication Commission (KPK) has finally named former Tanah Bumbu Regent Mardani H. Maming as a fugitive for not being cooperative. Then, what about the fate of the pretrial?

Mardani, who is a suspect in the alleged bribery and gratification of mining business permits (IUP) in Tanah Bumbu Regency, was added to the KPK's wanted list (DPO) on Tuesday, July 26. The reason is that he was absent from summoning investigators twice.

"KPK has included this suspect (Mardani Maming, ed) on the wanted list (DPO)," said Acting KPK Spokesperson for Enforcement, Ali Fikri, to reporters, Tuesday, July 26.

This step was followed by sending a letter to the Criminal Investigation Police. The Bhayangkara Corps was asked to help find the General Treasurer of the Nahdlatul Ulama Executive Board (PBNU).

"KPK hopes that the suspect (Mardani Maming, ed) can cooperate and surrender to the KPK so that the law enforcement process for corruption is not hampered," said Ali.

Meanwhile, Mardani was absent when he was summoned by the KPK twice because he was filing a pretrial at the South Jakarta District Court (PN). However, from the start this reasoning was deemed inappropriate.

The reason is that the pretrial hearing only examines the formal determination of the suspect. Meanwhile, the material for the investigation into alleged bribery and gratification cases carried out by the Corruption Eradication Commission (KPK) is still ongoing.

Meanwhile, Mardani Maming's attorney, Denny Indrayana, denied that his client was uncooperative. According to him, the letter requesting the postponement had already been sent when the first and second summons were received.

"In the first and second summons, we wrote letters to the KPK, even yesterday we wrote letters. In essence, we ask all parties to respect the pretrial process," Denny told reporters at the South Jakarta District Court, Tuesday, July 26.

"The verdict will be tomorrow, at 13.00 WIB. So it would be wise, it would be better because the pretrial is only seven days we wait," he continued.

As for the whereabouts of Mardani Maming, Denny said he did not know for sure. However, his client is said to be on a pilgrimage because he needs spiritual calm.

"He seems to need to go around for pilgrimages. Usually in situations like this he needs to get closer to those above," he said.

As for the official location, Denny said he didn't know for sure. Moreover, he rarely communicates with Mardani because he is taking care of the ongoing pretrial.

"Where is his position does not inform," he said.

Pretrial can fall

The Indonesian Anti-Corruption Society (MAKI) said the pretrial proposed by Mardani could fail. The reason is that he has now been declared a fugitive.

"According to the rules of the Supreme Court, if the status is DPO, then you cannot file a pretrial. The pretrial is void," said MAKI Coordinator Boyamin Saiman when contacted by VOI via text message, Tuesday, July 26.

The MA rule referred to by Boyamin is contained in the Circular Letter of the Supreme Court Number 1 of 2018 dated March 23, 2018. It is stated that pretrial submissions are prohibited for suspects who have fled or are on a wanted list (DPO) status.

Returning to Boyamin, he asked the KPK to take advantage of the fugitive's determination to win the pretrial. The trick is to submit documents related to the determination of the wanted list (DPO).

Moreover, the pretrial process at the South Jakarta District Court (PN) is still ongoing today, Tuesday, July 26.

"KPK should have attached a conclusion today, as well as attached Maming's DPO. So tomorrow's pretrial decision will be invalid," he concluded.