Mahfud MD: Propam Polri Must Examine Bogor Police Investigators Who Issued SP3 Cases Of Sexual Violence For Female Employees Of Kemenkop UKM

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD (central) together with Coordinating Minister for Human Development and Culture Muhadjir Effendy (left and right), Minister of Law and Human Rights Yasonna H Laoly (right), Minister of Social Affairs Tri Rismaharini/ANTARA

JAKARTA - The Coordinating Minister for Politics, Law, and Security (Menkopolhukam) Mahfud MD asked the National Police to examine Bogor Police investigators who handled cases of sexual violence against employees of the Ministry of Cooperatives, Small and Medium Enterprises (Kemenkop UKM).

According to Mahfud, this was one of the results of the Coordination Meeting (Rakor) of the Coordinating Ministry for Political, Legal, and Security Affairs which considered that the investigator was unprofessional from the start.

"The coordination meeting asked the Propam Polri Division to conduct an examination of the Bogor Police investigators handling this case who were very unprofessional from the start," said Mahfud in a video press statement released Wednesday, January 18 evening.

Mahfud explained, there were at least two reasons why the Coordinating Coordination Meeting of the Coordinating Ministry for Political, Legal, and Security Affairs requested an examination of the Bogor Police investigator.

First, because he has issued a letter of termination of case investigation (SP3) with two different letters to different addresses accompanied by different reasons.

"The first SP3 notification letter to the prosecutor stated that the SP3 case was due to restorative justice, but the notification letter to the victim stated that SP3 was issued because there was insufficient evidence. One and the same case was given different reasons to different parties," said Mahfud.

In fact, continued Mahfud, the statement that restorative justice had been carried out even though it violated the rules that were in effect when the case occurred, namely the Chief of Police Regulation Number 6 of 2019.

"According to the Chief of Police Regulation Number 6 of 2019, namely in Article 12 which applies when this case is being processed that cases that can be given restorative justice are cases that if given restorative justice doesn't cause a stir, do not cause concern in the community, and do not received rejection from the community. These conditions were not met," said Mahfud.

Furthermore, the second reason for the Coordinating Coordinating Ministry's request for Polri to examine the Bogor Police investigators was because the pretrial judge at the Bogor City District Court (PN) made the explanation that the revocation of SP3 was only based on the results of the coordination meeting at the Coordinating Ministry for Political, Legal and Security Affairs.

"Because in fact the coordination meeting at the Coordinating Ministry for Political, Legal and Security Affairs only equated the perception that the handling was wrong, while the pro-Justitia was discussed through holding an internal case at the Bogor Police," he said.

Mahfud admitted that the Coordinating Ministry for Political, Legal, and Security Affairs received information that the Bogor Police's internal process for implementing the coordination meeting's decision had been carried out.

"So the revocation of SP3 was not immediate because there was a coordination meeting at the Coordinating Ministry for Political, Legal and Security Affairs, but the results of the coordination meeting have been included in formal processes within the Bogor Police internally," said Mahfud.

Mahfud previously stated that the Coordinating Coordination Meeting of the Coordinating Ministry for Political, Legal, and Security Affairs respected the decision of the Bogor City District Court Judge who accepted the lawsuits of three of the four suspects in cases of sexual violence against the Kemenkop UKM employees.

Nevertheless, he said, his party was pushing for the process of the case alleged to be under Article 286 of the Criminal Code to continue because the principle of "Ne Bis In Idem" could not be considered valid because the principal case had not yet received a decision.

Previously it was known that the Bogor District Court (PN) Panel of Judges accepted the lawsuit and granted the pretrial request filed by three suspects in the case of sexual violence against female employees of the Ministry of Cooperatives and Small and Medium Enterprises.

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

With this decision, the status of the suspect in the case of sexual violence against the three of them was dropped.

The case of sexual violence against a female Kemenkop UKM employee with the initials ND by four colleagues occurred on December 6 2019 which was investigated by the Bogor Police but stopped before the results of the investigation were declared complete or P21 after the perpetrator's family who was an official from the Kemenkop UKM came to the victim's parents, asked for peace, to marry the victim with 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 became viral until it received the attention of the Coordinating Ministry for Political, Legal, and Security Affairs.

Kemenkopolhukam then held a Joint Meeting of the Witness and Victim Protection Agency (LPSK), Kabareskrim Komjen Agus Andrianto, the National Police Commission (Kompolnas), the prosecutor's office, and the Kemenkop UKM.

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