Bambang Harymurti Challenges Anti-Corruption Academics To Speak Up In The Mardani H Maming Case

Bambang Harymurti. (IST)

JAKARTA Anti-corruption activist Bambang Harymurti challenged anti-corruption law academics to speak up and take legal steps in the case of Mardani H Maming. He invited academics who had conducted an examination of the case to send amicus theft (court friend) letters to the Supreme Court (MA).

This statement was conveyed by Bambang through a release from the Islamic University of Indonesia (UII) which was received on Wednesday, October 16. In the release, Bambang expressed his statement while attending a discussion and book review of the examination of the Mardani H Maming case which was held in Yogyakarta, last week. The event was attended by a number of leading legal experts.

"The opinion of legal experts and the results of the examination stating that the defendant should be released from all lawsuits must reach the Supreme Court. This opinion is important to influence the judicial review process," said Bambang.

The former Chief Editor of Tempo Magazine also appealed to all parties to dare to express their stance by sending a message to the Supreme Court.

"The legal principle in Indonesia is presumption of innocence, and the burden of proof is in the hands of the public prosecutor," he said.

Bambang also emphasized the importance of sending legal opinion through amicus stealing to ensure justice in the Mardani H Maming judicial process.

The Mardani H Maming case is related to allegations of gratification of Rp118 billion from the late Henry Soetio, the former Director of PT Prolindo Cipta Nusantara. However, based on the examination of legal experts from UII, the evidence of the trial denied the allegations. The Commercial Court has also decided that this case is purely a business matter, not gratification.

The discussion related to the examination of this case was held by the Center for Leadership and Law Development Studies (CLDS) of the UII Faculty of Law on Saturday, October 5, 2024. In the discussion, various errors in the handling of the case of the former Regent of Tanah Bumbu, South Kalimantan were revealed.

Professor of the Faculty of Law, University of Indonesia (UI), Prof. Topo Santoso, emphasized the importance of critical examination of court decisions.

"Elictions in the judge's decision can occur, and this examination is important to ensure the truth and become a lesson for law enforcers," said Prof. Topo.

Former Chancellor of Diponegoro University, Prof. Dr. Yos Johan Utama, also said that there was no administrative violation in the decision made by Mardani regarding the transfer of the IUP (mining Business Permit). This is reinforced by the decision of the State Administrative Court which states the decision is valid.

Prof. Romli Atmasasmita, Professor of the Faculty of Law, Padjadjaran University, highlighted the existence of eight mistakes made by the judge in this case.

"There were real mistakes in the application of the law, and the articles used to demand this case were not correct," said Prof. Romli. He also emphasized that the Cassation decision in case Number 3741/2023 should pay attention to the novum and real mistakes made by the judge.