Firli Bahuri's Pretrial Session, Lawyers Ask Judges To Order The Metro Police Chief To Issue SP3 For SYL Extortion Cases

Pretrial hearing of the inactive KPK leadership Firli Bahuri at the South Jakarta District Court/PHOTO: Rizky Adytia-VOI

The head of the inactive Corruption Eradication Commission (KPK), Firli Bahuri, asked the panel of judges, Imelda Herawati, to order the Metro Jaya Police Chief, Inspector General Karyoto, to issue a Letter of Termination of Investigation (SP3) for alleged corruption cases that named him a suspect.

The request was contained in the petitum of Firli Bahuri's pretrial application which was read by his lawyer, Ian Iskandar, during a trial at the South Jakarta District Court.

"Ordered the respondent (Kapolda Metro Jaya) to stop the investigation of the applicant (Firli Bahuri)," said Ian, Monday, December 11.

The reason behind the request was because it was considered that the investigation warrant issued by Karyoto was invalid. This is because the letter was issued on the same day as the issuance of a police report (LP) on October 9.

Moreover, Firli's lawyer considered this, not in accordance with the provisions of the investigation and investigation process which has been explicitly and clearly regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), especially in Article 1 point 2 of the Criminal Procedure Code in conjunction with Article 1 point 5 of the Criminal Procedure Code.

"Declaring that all decisions or determinations issued further by the respondent are invalid with regard to the determination of the suspect against the applicant," said Ian.

The following is the complete content of the petitum submitted by Firli in the pretrial lawsuit:

1. Granted the petitioner's pretrial application in its entirety.

2. State that the actions of the respondent who named the applicant as a suspect on suspicion of corruption (TPK) in the form of extortion or receipt of gratuities or receipt of gifts or promises by civil servants or state officials related to the handling of legal problems at the Indonesian Ministry of Agriculture in 2020-2023 as referred to in Article 12 e or Article 12 B or Article 11 of the Corruption Eradication Law (UU Tipikor) in conjunction with Article 65 of the Criminal Code based on a Decree on the Determination of Suspect Number: S.Tap/325/XI/RES.3./Ditreskrimsus dated November 22, 2023 on behalf of Drs. FirliBahuri, M.Si, is invalid and baseless on law, and therefore has no binding force;

3. State the Investigation Order Number: SP.Sidik/6715/X/RES.3.3./2023/Ditreskrimsus dated October 9, 2023 in conjunction with Investigation Order Number: SP.Sidik/7539/XI/RES.3.3/2023/Ditreskrimsus dated November 23, 2023 issued by the respondent is invalid and baseless on law, and therefore has no binding force.

4. State that the investigation carried out by the respondent on suspicion of TPK in the form of extortion or receipt of gratuities or receipt of gifts or promises by civil servants or state administrators related to the handling of legal problems at the Indonesian Ministry of Agriculture in 2020-2023 as referred to in Article 12 e or Article 12 B or Article 11 of the Anti-Corruption Law in conjunction with Article 65 of the Criminal Code, is invalid and baseless on law, and therefore has no binding force.

5. Order the respondent to stop the investigation of the applicant.

6. State Police Report Number: LP/A/91/X/2023/SPKT.DIRESKRIMSUS POLDA METRO JAYA dated October 9, 2023 revoked, invalid and invalid.

7. To declare that the respondent will issue SP3 to the Police Report Number: LP/A/91/X/2023/SPKT.DIRESKRIMSUSPOLDA METRO JAYA dated October 9, 2023.

8. Declare that all decisions or determinations issued further by the respondent are invalid with regard to the determination of the suspect against the applicant.

9. Order the respondent not to issue an Investigation Order regarding the legal event quo.

10. Punish the respondent to pay the court fees incurred in the quo case.

Or, if the judge has another opinion, please decide what is fairer (ex aequo et bono).

Meanwhile, Firli Bahuri as a suspect in the alleged extortion case against the former Minister of Agriculture, Syahrul Yasin Limpo. The determination was based on the results of the case title conducted on Wednesday, November 22.

Several pieces of evidence that became the basis for determining the suspect, namely, foreign exchange documents worth Rp7.4 billion. Then, there were also the results of the extraction of 21 cellphones.

Firli was charged with Article 12e, 12B or Article 11 of Law number 31 of 1999 concerning the eradication of corruption in conjunction with Article 65 of the Criminal Code. Thus, it is threatened with life imprisonment.