4 Experts Send Amicus Curiae To The Supreme Court Regarding Investment Law

MA/DOK ANTARA Building

JAKARTA - Four legal experts from the University of Indonesia and Gadjah Mada University sent Amicus Curiae to the Supreme Court (MA). This step is to support investment in local government-owned assets.

"This written statement was conveyed in the hope of contributing to upholding justice and legal certainty," said Professor Prof Topo Sutopo in Amicus Curiae, quoted Thursday, October 3.

Apart from Topo, the senders of other amicuscurae are Dian Puji Simatupang, Hendry Julian Noor, and Karina Dwi Nugrahatati Putri. The four of them want legal certainty regarding the use of 31,670 square meters of regional assets in the Pede Beach area.

The amicus theft is needed because there is a case related to the use of regional assets that dragged the private sector of PT SIM. The case is entering the cassation stage.

Topo and three other legal experts asked for a fair cassation decision. He said.

Amicus stole Topo and these legal experts are input that refers to the facts of the trial. It is said that there is no element against the law in Article 2 Paragraph (1) and the element of abuse of authority in Article 3 in the case.

"If the issue of administrative error is not a form of act against criminal law based on Article 20 of Law Number 30 of 2014," said Topo.

On the other hand, Topo saw the auction process related to the use of regional assets. He assessed that the process was in accordance with Permendagri Number 17 of 2007 concerning Technical Guidelines for Management of Regional Property.

As for the element of enriching themselves as alleged, Topo sees that the private sector involved actually provides local government benefits because it contributes annually.

In addition, Topo sees that there is no element of harm to state finances in this investment activity. So, Topo and other experts ask that investments continue to be supported, and must be seen in more detail.

Topo assessed that the conflict in the civil realm should not be brought to criminal charges. The Corruption Court at the Kupang District Court acquitted four defendants of alleged corruption in the use of Pede Beach assets.

The four defendants are the Head of Asset Utilization/User of NTT Province Goods Thelma Debora Sonya Bana, Director of PT Sarana Investama Manggabar and Director of Internusa Tourism Facilities, Heri Pranyoto, Lydia Chrisanty Sunaryo, and an investor named Bahasari Papan.

In their consideration, the panel of judges stated that the primary indictment of Article 2 Paragraph (1) of the Anti-Corruption Law charged by the public prosecutor (JPU) was not proven. Likewise, the indictment is subsidiary to Article 3 of the Corruption Eradication Law.