JAKARTA - The defendant in the corruption of the tsunami shelter project in North Lombok, Apriarily Nirmala, said that the indictment of the public prosecutor (JPU) of the Corruption Eradication Commission (KPK) was illegal.

"That there are several things that need to be responded to carefully considering that in the indictment there are irregularities, irregularities and unclear so that we should submit this exception or objection," said the chairman of the defendant's attorney, Aan Ramadhan, while reading the exception at the trial at the Corruption Court at the Mataram District Court, West Nusa Tenggara, Friday, January 31, confiscated by Antara.

He conveyed that the alleged corruption case in the construction project that was running in 2014 was once included in the form of public reports to the NTB Regional Police in 2015.

"That the report has been carried out in a series of investigations according to the issuance of Investigation Order Number: Sprin-Lidik/10/I/2016/Dit.Reskrimsus, dated January 5, 2016," he said.

Furthermore, he said, on May 9, 2016, investigators from the NTB Police issued a Notice of Investigation Results Development (SP2HP).

"The existence of this SP2HP was only known by the defendant one (Aprialely Nirmala) in January 2025, when the KPK investigators carried out stage two or transferred the suspect and the case file to the public prosecutor. The letter was received in PDF format," he said.

By outlining this, ApriALLY's legal adviser stated that the defendant had not yet received information about legal certainty regarding the handling of similar cases at the NTB Police.

In the exception, Aprially admitted that he knew that the KPK handled a similar case in 2022. This was reinforced by the issuance of Investigation Order Number: Sprin-Dik 27/DIK. 00/23/03/2023, March 7, 2023.

"Furthermore, on April 19, 2024, the defendant one (Aprialely Nirmala) was named a suspect," he said.

In a series of handling at the KPK, Aprially Nirmala never received an explanation from the KPK regarding the status of the case.

"It was never explained to the defendant one (Aprialely Nirmala), either verbally or in writing that the handling of cases at the KPK is a series of cooperation in handling between the NTB Police and the KPK or separately without cooperation or coordination at all," he said.

With these conditions, legal advisors refer to Article 109 paragraph (1) of the Criminal Procedure Code which states that investigations can only be carried out by one competent law enforcement agency and Article 110 of the Criminal Procedure Code which explains that investigations can be carried out together, if there is an agreement between two law enforcement agencies.

"According to legal advisors, this agreement must be made in writing and also contained in the report on the examination of this case. However, it was not carried out by KPK investigators," he said.

By conveying this, the legal advisor considered that there was an error in law enforcement by KPK investigators, both in the investigation and investigation stage, because it had violated the provisions of the criminal procedural law.

"So, of course, according to the legal advisor, this has implications for illegal investigations and all evidence that is evidence in the a quo case," he said.

The existence of this mistake also had implications for the invalidity of the public prosecutor's indictment from the KPK.

"Because of the a quo case, therefore it is appropriate if the honorable panel of judges declares legally the indictment of the public prosecutor null and void or at least unacceptable," said Aan.

After hearing the reading of the exception of the defendant Aprialely Nirmala, the panel of judges invited the public prosecutor to give a response at the follow-up hearing, Wednesday, February 5.

In the trial, only the defendant Aprially Nirmala delivered the exception. For the second defendant, Agus Herijanto did not file an exception and invited the panel of judges to proceed to the stage of proof through the examination of witnesses from the public prosecutor.


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