Coordinating Minister for Law, Human Rights, Immigration and Corrections (Menko Kumham Imipas) Yusril Ihza Mahendra clarified the statement by the Coordinator of the Indonesian Anti-Corruption Society (MAKI) Boyamin Saiman regarding the alleged corruption case of the Legal Entity Administration System (Sisminbakum) in 2010.
"Boyamin's statement at the Constitutional Court (MK) is true, but there is also a mistake," said Yusril when confirmed in Jakarta, Wednesday, November 6, which was confiscated by Antara.
Yusril confirmed his determination as a suspect by the Attorney General's Office (AGO) led by Attorney General Hendarman Supandji at that time.
When declared a suspect, he questioned the validity of Attorney General Hendarman and carried out material testing of the Prosecutor's Law (UU) to the Constitutional Court regarding the term of office of the Attorney General.
Based on the law, he is of the opinion that Hendarman's term as Attorney General has expired along with the expiration of President Susilo Bambang Yudhoyono's (SBY) term in the first period and all cabinet members.
Then during the second term of President SBY's office, he continued, Hendarman was never appointed with a new Presidential Decree (Keppres) as Attorney General and was never inaugurated.
Thus, he believes that Hendarman is not the Attorney General and is not legally acting as the Attorney General.
"The prosecutor is a unit. So when the Attorney General is invalid, all decisions of all his staff are also invalid, including naming me as a suspect in a criminal act," he said.
Prof. Yusril continued, he also brought the matter to the Constitutional Court to be tested for how long the Attorney General's term was.
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The Constitutional Court then decided that Yusril had a legal standing to file a case and partially granted the request of the former Minister of State Secretary. However, some of Yusril's requests were rejected by the Constitutional Court, namely stating that his determination as a suspect was invalid.
"So it is not true what Boyamin said I 'losed' from my status as a suspect due to the prosecutor-General's refusal," said Yusril.
He explained that after the Constitutional Court's decision, the Sisminbakum case continued in court with further developments by the Supreme Court (MA) stating that the Sisminbakum case was not corruption in the cassation-level decision.
Although the actions charged to Prof. Romli Atmasasmita and others in that case do exist, the Supreme Court stated that the act was not a criminal act. That way, the Supreme Court released Prof. Romli and other defendants from all lawsuits (onslag).
Even though Prof. Romli and the other defendants were declared free from all charges, Yusril said he was still declared a suspect and prevented from traveling abroad.
In that situation, he also urged Attorney General Basrief to immediately issue an Investigation Termination Order (SP3), which was eventually issued more than 6 months later.
With the SP3, Yusril initially thought the legal issue had been resolved, but MAKI Chairman Boyamin Saiman filed a pretrial lawsuit at the South Jakarta District Court (PN). Boyamin at that time requested that the AGO's determination of SP3 Yusril be declared invalid and Yusril's status returned as a suspect.
However, in the end, the South Jakarta District Court rejected Boyamin's overall lawsuit. In its legal consideration, the South Jakarta District Court judge stated that the stipulation of SP3 against Yusril was legal and had legal reasons.
"The decision of the South Jakarta District Court has permanent legal force and cannot be submitted for judicial review (PK) to the Supreme Court. Thus, the Sisminbakum case is completely legal," he said.
Previously, MAKI Coordinator Boyamin Saiman brought up the experience of Coordinating Minister Yusril who "lolos" from the AGO's determination due to Attorney General Hendarman Supanji's absence.
"In the past, he (Yusril) was a suspect at the Attorney General's Office. Continue to declare the determination of the suspect invalid, for what reason? Because it was determined by the Attorney General which was invalid because he was not inaugurated," said Boyamin when met at the Constitutional Court Building, Jakarta, Tuesday (5/11).
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