Mahfud Holds A Special Coordination Meeting, Asks For Cases Of Rape At The Coordinating Ministry For SMEs To Be Processed Again

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD

JAKARTA - The government respects the decision of the Bogor District Court which received a pretrial against the repeal of the Letter of Termination of Case Investigation (SP3) for alleged sexual violence cases at the Ministry of Cooperatives, Small and Medium Enterprises (SMEs). But the government does not live with him.

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said he respected the verdict of the Bogor City District Court (PN) Judge who received a lawsuit against the repeal of the Letter of Termination of Case Investigation (SP3) by the Bogor Police which was filed by three of the four suspected perpetrators of sexual violence.

"The Rakor stated that he respects the verdict of the Bogor City District Court Judge on the pretrial against the alleged perpetrator that the SP3 that was revoked for them was declared valid by the judge so that the revocation of the Bogor Police was considered invalid, while the legal one was the expenditure of the SP3," Mahfud said as quoted by Antara, Wednesday, January 18.

But on the one hand, the Coordinating Ministry for Political, Legal and Security Affairs also held a coordination meeting. In essence, asking for cases of sexual violence within the Ministry of Cooperatives, Small and Medium Enterprises (SMEs) to be processed again according to the victim's report.

"We based on the results of the coordination meeting (rakor) will continue to encourage that this case be continued to be processed again in accordance with the victim's report," said Mahfud.

The Coordinating Ministry for Political, Legal and Security Affairs continues to encourage the continuation of the processing of cases of sexual violence alleged under Article 286 of the Criminal Code against the four suspects.

"We understand that the pretrial has not yet decided the subject matter of the case, has not decided the substance of the case so if this process is resumed, it cannot be said 'Ne Bis In Idem'," he said.

According to Mahfud, the case cannot be said to be "Ne Bis In Idem" because the main point of the case is that sexual crimes in accordance with Article 286 of the Criminal Code have never been tried.

The principle of "Ne Bis In Idem" is a case with the same objects, parties, and subject matter decided by the court and has permanent legal force and cannot be re-examined for the second time.

Previously, the Bogor District Court (PN) Panel of Judges accepted the lawsuit and granted the pretrial application submitted by three suspects in the case of sexual violence by female employees of the Ministry of Cooperatives and SMEs.

The pretrial lawsuit is registered in the Bogor City State Court Information System (SIPP) with Case Number 5/Pid.Pra/2022/PN Bgr and the verdict is set on Thursday (12/1).

With this decision, the status of suspects in cases of sexual violence against the three has fallen.

The case of sexual violence against female employees of the Ministry of Cooperatives and SMEs with the initials ND occurred on December 6, 2019, which was investigated by the Bogor Police but was stopped before the results of the investigation were declared complete or P21, after the family of the perpetrator who is an official of the Ministry of Cooperatives and SMEs came to the parents of the victim asking to make peace, marry the victim to one of the perpetrators, and withdraw the report.

However, the case surfaced again after the perpetrator who was married to the victim NB asked for a divorce and went viral until he got the attention of the Coordinating Ministry for Political, Legal and Security Affairs.

Kemenkopolhukam then held a meeting with the Witness and Victim Protection Agency (LPSK), Kabareskrim Komjen Pol. Agus Andrianto, National Police Commission (Kompolnas), prosecutors' office, and Kemenkop UKM.

The results of the meeting led to the Bogor Police's decision to revoke the SP3 case which was later sued through pretrial by three of the four suspects.