Allegations Of Violating The Criminal Procedure Code Regarding Detention, Po Suwandi Mine Corruption Accused Of Lawsuiting The NTB Prosecutor's Office

Convicted of corruption in the Iron Sand mine of Dedalpak Block which acts as Director of PT AMG Po Suwandi/ANTARA/Dhimas B.P.

The convict of corruption in the Iron Sand mine Block Dedalpak, who acts as Director of PT Anugrah Mitra Graha (AMG) Po Suwandi, will sue the West Nusa Tenggara High Prosecutor's Office (Kejati NTB) regarding the execution of detention.

"We will take a lawsuit to the Administrative Court (State Administrative Court) regarding the execution. We are preparing again. If there are no obstacles, on Monday, September 23, we will submit it," said Lalu Kukuh Kharisma, Po Suwandi's legal adviser by telephone from Mataram, Antara, Friday, September 20.

According to him, the execution of Po Suwandi's detention on Thursday, September 19 by the executing prosecutor in the Special Crime Division of the NTB Prosecutor's Office had violated the Criminal Procedure Code, considering that the notification of the cassation decision from the Supreme Court was only an excerpt.

"So, their execution (jaksa) violated the Criminal Procedure Code. They should have waited for a complete copy to be executed," he said.

Kukuh emphasized that his party had not yet received a complete copy of Po Suwandi's cassation decision. The verdict was only received from the Mataram District Court on Wednesday (18/9).

"So, so far we have just received the excerpt, there are no complete copies yet," he said.

Regarding the execution of Po Suwandi's detention to West Lombok Class II A Prison, Kukuh said that his party suggested that his client not sign the execution approval letter.

"Yesterday, I actually didn't want to be signed because of the city detention, there was no copy of the decision yet, the judge's consideration (cassation decision) was not yet clear what it would be like, yes, what can be done. The name of the prosecutor takes legal action, the authority rests with them," he said.

Deputy Head of the NTB Prosecutor's Office, Dedie Tri Hariyadi, at the execution of Po Suwandi's detention, Thursday, emphasized that the excerpt of the cassation decision from the Supreme Court was sufficient as the basis for the execution of detention.

According to him, the Supreme Court's cassation decision Number: 4960 K/Pid.Sus/2024 dated August 28, 2024 has permanent legal force. In the decision, the Supreme Court Judge rejected the appeal of the public prosecutor and the defendant Po Suwandi.

"Because the cassation decision was rejected, of course, confirming the decision of the NTB High Court, the status of city detention has been removed and returned to the verdict that sentenced him to 13 years in prison, that is the consideration of execution," he said.

Regarding the convict refusing to sign the detention letter, Dedie ensured that his party outlined this in the minutes.

"Yes, we will make an official report if the person concerned does not want to sign (the execution letter). The important thing is that we have received an excerpt from the verdict. That's official," he said.

The cassation decision which then refers to the decision of the panel of judges at the NTB High Court Number: 2/PID.TPK/2024/PT MTR, upheld the decision of the Corruption Court at the Mataram District Court belonging to the defendant Po Suwandi dated January 5, 2024 with case number: 17/Pid.Sus-TPK/2023/PN Mtr.

For confirming the decision of the first instance court, the panel of judges at the appeal level also determined that the defendant Po Suwandi remained a city prisoner.

The Corruption Court at the Mataram District Court in the verdict of the defendant Po Suwandi previously sentenced him to 13 years in prison and a fine of Rp. 500 million, subsidiary to 6 months in prison.