MA Asked To Consider Detention Of Suspect For Counterfeiting Morowali IUP

The Supreme Court Building (Photo: setkab.go.id)

JAKARTA - The determination and detention of the suspect in the case of falsification of the Mining Business Permit (IUP) by the Central Sulawesi (Sulteng) Police is expected to be a consideration for the Supreme Court (MA) which has handled overlap disputes since 2016.

Currently, the Central Sulawesi Regional Police are reported to have detained FMI alias F, who previously had the status of a suspect in the case of falsifying mining business license documents (IUP) in Morowali Regency.

Happy Hayati as the attorney for PT Artha Bumi Mining said the detention of FMI was based on the Notification on the Progress of Investigation Results (SP2HP) July 5, 2024. In the letter, it was stated that FMI was detained from July 3, 2024, to July 22, 2024.

"This was also confirmed by the Head of Public Relations of the Central Sulawesi Regional Police through the Head of Sub-Division of Penmas AKBP Sugeng Lestari in Palu on Friday (July 5, 2024) which explained that it was true that the Central Sulawesi Regional Police had detained the suspect in the alleged forgery of the Mining Business Permit (IUP) document in Morowali Regency," Happy said in a written statement received, Tuesday, July 9.

According to Happy, the detention of FMI proves the seriousness of investigators in carrying out their duties and functions in the criminal report at the Central Sulawesi Regional Police on July 13, 2023. He hopes that the seriousness of the police can have an impact on the considerations of the Supreme Court Judge in dealing with overlap disputes since 2016.

"Because the Supreme Court (MA) is the main pillar of justice and as the end point of the overlap dispute over PT. Artha Bumi Mining with PT. Bintang Eight Wahana," concluded Happy.

According to him, the Supreme Court's jurisprudence in the legal rules of the Supreme Court Decision Number 3 PK/TUN/2021 states that the attitude of State Administrative Officials who are Consistent in carrying out orders from the Decision of the State Administrative Court (PTUN) which has permanent legal force is an attitude that must be respected by the State Administrative Court.

"Under such legal conditions, the State Administrative Court Judge is not allowed to sit in the government seat to assess the consistency attitude. Given this attitude was born from the order of the highest judicial body, namely the Supreme Court," explained Happy.