Attorney Heru Hidayat: Attorney General's Office Confiscates Assets That Are Not Criminal Assets

Attorney General's Building. (Photo: Twitter @jaksaanRI)

JAKARTA - The investigating prosecutor, Jampidsus, from the AGO again confiscated assets related to the alleged corruption case of PT Asabri. One of the assets confiscated was land and buildings belonging to PT Inti Kapuas Arowana Tbk.

Heru Hidayat's attorney, Kresna Hutahuruk also reacted and denied that the asset did not belong to his client, but belonged to PT Inti Kapuas.

"That these assets do not belong to Pak Heru, but belong to PT Inti Kapuas and Mrs. Susanti Hidayat personally," said Kresna Hutahuruk in Jakarta, Tuesday, March 30.

Kresna argued that PT Inti Kapuas owned these assets since 2007 and Susanti since 2006. "While the tempo of the Asabri case was since 2012, it shows the acquisition of these assets was long before the case set by the prosecutor's office," he said.

Responding to the confiscation, Legal Administration Expert Margarito Thursday said that what the AGO investigators did was not seizure, but seizure, which is thought to resemble an asset robbery.

"The prosecutor's investigator cannot arbitrarily confiscate assets related to corruption cases. Because confiscation of assets that has nothing to do with crime and is not in accordance with Article 39 of the Criminal Procedure Code, then his name is seizing or should be suspected of robbing a suspect's assets. You cannot arbitrarily confiscate assets for violating (article 39 KUHAP), "said Margarito.

He also wondered how these unrelated assets could be taken.

"When are these items designated as confiscated goods? How to confiscate goods if the goods are not the result of a criminal act or from a criminal act? How do you confiscate these items? What is the basis for confiscating these items? ! " he said again.

Moreover, he said, these assets were obtained before the criminal act of corruption occurred. "How to predict the property as a treasure of crime. There is no rational," said Margarito.

To that end, he also advised that the person concerned show the prosecutor that the assets were not obtained from a criminal act, even long before that. He also suggested that those concerned immediately report to the Ombudsman.

"Because it's tantamount to seizing people's belongings. Report it to the Ombudsman because there are mistakes in legal administration," he continued.

Margarito also said that it could simultaneously be reported to the Prosecutor's Commission (Komjak), the Deputy Attorney General for Supervision (Jamwas), and the Ombudsman.

"Pre-trial, I think it can also be tried as a creation. If the administration can go to the Komjak, JAM Supervision, and the Ombudsman. Meanwhile, the judicial can go to the pre-trial, because it can be considered as baseless confiscation," he said again.

Previously, the Attorney General's team of investigators again confiscated assets suspected of belonging to the suspect in the PT Asabri corruption case, Heru Hidayat, on Thursday, March 25, 2021. The assets are in the form of 2 (two) parcels of land and / or buildings with an area of 1,042 M2 located in Pontianak City, West Kalimantan.