JAKARTA - Criminal law expert from Trisakti University Abdul Fickar Hadjar asked the Corruption Eradication Commission (KPK) not to selectively stop or SP3 cases that have stalled their investigations.
This was conveyed in response to the statement by KPK Deputy Chairperson Alexander Marwata who said that the anti-graft commission has the opportunity to stop investigating a number of corruption cases, but continues to investigate the cases that ensnared the former President Director of PT Pelindo II, RJ Lino.
"The KPK cannot selectively choose and politicize cases," said Fickar when contacted by VOI, Wednesday, March 3.
He considered, if there was a case where the investigation was halted for almost two years in accordance with Law Number 19 of 2019, then this should also apply to the case that caught RJ Lino. Moreover, this case has been running for five years without clarity.
"If there is a case that has only been in SP3kan for two years, then a case that has been in SP3kan for five years should have been in SP3kan first," he said.
"If there are other factors that cause cases that are not SP3 for more than five years, the KPK must explain it to the public (the reason, red)," he added.
Previously reported, the Corruption Eradication Commission (KPK) has not planned to issue a letter of termination of investigation (SP3) on the alleged corruption case of procuring 3 units of Quay Container Cranes (QCC) at PT Pelindo II with the suspect former President Director of PT Pelindo II, RJ Lino.
Deputy Chairman of the KPK Alexander Marwata said, based on Law Number 19 of 2019 concerning the KPK, the anti-graft commission can stop investigations and prosecutions of cases where the investigation and prosecution has not been completed within a maximum period of 2 years.
However, this does not mean that his agency will stop handling the case that ensnared RJ Lino since the end of 2015 or more than five years ago.
"For SP3 there is indeed two years, but there it can be stopped. We have not come to the conclusion that it will stop," said Alex at the Red and White House, Kuningan Persada, South Jakarta, Tuesday, March 2.
Furthermore, he explained that this case was constrained by the calculation of state financial losses. RJ Lino is known to have been charged with Article 2 paragraph (1) and / or Article 3 of the Corruption Eradication Law, one of which is detrimental to state finances.
The obstacle in calculating the state's financial losses was due to the HDHM, who was the project implementer, not wanting to submit the QCC price documents they sold to PT Pelindo II.
As for other cases, the possibility of termination is open. Moreover, this is based on Article 40 of Law Number 19 of 2019 concerning amendments to Law Number 30 of 2002 concerning the KPK, which states that anti-corruption institutions can stop investigations and prosecutions of cases whose investigation and prosecution has not been completed within a maximum period of two years.
"There is a possibility (SP3, red) because after we have mapped there are several cases that still remember when the suspect was named in 2016 until now it has not been raised either. What is the reason, later we will ask to be combed. What cases, how are the obstacles, and whether it is possible to continue or not, "explained Alex.
The KPK, he continued, already has an SOP to stop investigating a case, namely that this termination is carried out after more than two years of no longer finding sufficient evidence or the suspect is not worthy of being brought to trial (unfit to stand trial). Furthermore, the anti-graft commission will ask for an expert opinion as a second opinion.
"The expert's opinion says there is no possibility of raising the case or for example not being fit to trial, not being able to be submitted to trial, yes, why should we hang on to it," he explained.
Then, according to the provisions, the KPK will have to be open to the public regarding the termination of an investigation or prosecution of a case.
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