Ready To Take Responsibility For SP3 For BBM Tanker Cases, NTB Police Chief Asks Those Who Are Not Satisfied With Submitting Pretrial

NTB Police Chief Inspector General Djoko Poerwanto gave a press statement regarding the issuance of SP3 for fuel tankers in Bhara Daksa Field Tribune, NTB/ANTARA Police

NTB Police Chief Inspector General Djoko Poerwanto is ready to take responsibility for issuing a letter of termination of investigation (SP3) in the case of two tankers suspected of transporting diesel fuel outside the specifications. "I am responsible for the actions of investigators who stopped the investigation on the grounds that they did not fulfill the elements," said Djoko in Mataram, quoted from Antara, Wednesday, March 15. He also challenged the parties to file pretrial legal remedies for the issuance of SP3 for this fuel tanker case so that the reasons for stopping the case were clear in a juridical manner. "If possible pretrial, we can explain the reason later in court," he said. Dalam pertemuan dengan wartawan di Tribun Lapangan Bhara Daksa Polda NTB tersebut, Djoko turut menyampaikan rasa empati bahwa perkara yang berkaitan dengan minyak dan gas bumi adalah persoalan yang serius dan memberikan dampak luas bagi masyarakat. "This oil and gas case is a serious problem, I agree, agree and I do," said Djoko. However, the Kapolda said that investigators from the Directorate of Water and Air Police (Ditpolairud) of the NTB Police decided to stop this case because it did not fulfill the criminal element. The reason for stopping the fuel tanker case is based on the legal basis of the Criminal Procedure Code (KUHAP). "So, it (the termination) is in accordance with Article 109 paragraphs (1) and (2) of the Criminal Procedure Code. First, there is no criminal element. Second, there is not enough evidence and third, for the sake of law. Stopped because of these three things," he said. By conveying this, Djoko apologized to the public who were already disappointed with the police's steps in handling cases related to the Republic of Indonesia Law Number 22 of 2001 concerning Oil and Gas. "Sorry for disappointing the public, but now how can we both make this situation understandable by talking about the application of Article 109 of the Criminal Procedure Code," he said. In this case, the West Nusa Tenggara High Prosecutor's Office through the general criminal field is reviewing the argument of police investigators in stopping the fuel tanker case. Spokesperson for the NTB Prosecutor's Office, Efrien Saputera, on the previous occasion said that this step was part of the implementation of legal procedures when the research prosecutor received SP3 cases from investigators. "Later, after that (the arguments) will be completed, then we will determine the attitude, whether we will accept SP3 (the order to terminate the investigation) or submit a pretrial to the court," said Efrien. He said that at the assessment stage, the prosecutor's office continued to apply the precautionary principle, including asking for legal opinion from experts who have knowledge about fuel problems. For this reason, Efrien has not been able to confirm the time limit for his party to complete the SP3 assessment process from the case. The NTB Prosecutor's Office in this case as the party tasked with conducting a case file investigation from the previous police investigation provided additional clues regarding the alleged role of others. The additional clue was based on the suspect's statement in the investigation report (BAP) which claimed to be an activity of mixing diesel fuel with chemicals so that the level of fuel outside the specifications was a follow-up to the boss's order. Efrien said that this became the basis for the prosecutor's office to return the case file to the police investigator. The termination of the fuel case was issued based on the order to terminate the investigation (SP3) Number: SP3/01-03/II/RES.1.9./2023/Dit Polairud and a decree regarding the determination of the termination of the investigation Number: S.Tap/01-03/II/RES.1.9./2023/Dit Polairud on February 21, 2023. In letter Number: SP3/01-03/II/RES.1.9./2023/Dit Polairud, the police outlined the consideration of the issuance of SP3 from the case that named three suspects by stating that there was insufficient evidence or events, not criminal acts or investigations were stopped for the sake of law, and to fulfill the principles of legal certainty, legal justice, and legal benefits. The consideration is outlined in SP3 based on the evidence obtained from the investigation process and reports on the results of ordinary case titles. The letter also outlines an order for three investigators to stop investigating allegations of oil and gas crimes and general crimes that occurred in the waters of Hajj Port, Labuhan Haji District, East Lombok Regency on September 15, 2022, for case files belonging to three suspects with the initials AM, AW, and JS. The alleged crime is related to Article 54 in conjunction with Article 28 paragraph (1) of Law of the Republic of Indonesia Number 22 of 2001 concerning Oil and Gas of Earth jo. Article 55 paragraph (1) 1 and/or Article 56 of the Criminal Code and Article 263 paragraph (1) and/or paragraph (2) jo. Article 55 paragraph (1) 1 and/or Article 56 of the Criminal Code. In handling this case, the NTB Regional Police Ditpolairud previously issued an investigation warrant (sprindik) Number: SP.Sidik/9/XI/RES.1.9./2022/Dit Polairud on September 24, 2022. Following up on the sprindik, the police issued a notification letter for the start of the investigation with Number: B/457/IX/RES.1.9./2022/Dit Polairud on September 26, 2022. The handling of this case was also revealed after police officers arrested them for filling fuel from tankers to fishing vessels in the waters of Telong Elong, East Lombok Regency. The fuel filled into the fishing boat is suspected to be incompatible with the transport permit. Investigators found indications of a criminal violation after carrying out an in-depth examination of the type of fuel. In this case, the roles of the three suspects AM, AW, and JS were revealed as the captain and one of them was the operational manager of the tanker company. Investigators in handling this case also confiscated evidence of tankers carrying fuel allegedly outside the specifications and fishing boats belonging to fishermen at Labuhan Haji Pier, East Lombok Regency. The seized tankers, South Anggun Motor Tanker (MT) and MT Harima belonging to PT Tripatra Nusantara, which are located in Palembang, and the Satu Raya Motorboat (KM) belonging to East Lombok fishermen who are suspected of receiving fuel filling in the Telong Elong waters. For evidence of fuel as well. From MT Harima and KM Satu Raya, the police confiscated 227 thousand liters. Meanwhile, 135 thousand liters of South Anggun MT content.