Fighting Through Pretrial, RJ Lino Asks To Be Expelled From The KPK Detention Center

RJ Lino / Antara pretrial hearing

JAKARTA - Former President Director of PT Pelindo II, RJ Lino, asked the Corruption Eradication Commission (KPK) to remove him from the Class I State Detention Center, KPK branch of the Republic of Indonesia.

The request was conveyed by Agus Dwiwarsono as RJ Lino's attorney while reading out his pretrial petition at the South Jakarta District Court, Tuesday, May 18.

He said the process of investigation and detention of his client was illegal and not based on law.

"Ordered the respondent (KPK) to remove the applicant (RJ Lino) from the Class I Detention Center of the Republic of Indonesia's Corruption Eradication Commission," said Agus.

Agus explained that Sprindik Number Sprin-Dik-55/01/12/2015 was issued on December 15, 2015, while the detention of his client was carried out on March 26, 2021.

"This means that the KPK has issued the SPDP since the start of the investigation process, which counts until RJ Lino's detention on March 26, 2021, is 5 years 1 month 10 days," said Agus.

He said that during that time, his client had only been examined as a suspect once on February 5, 2016. Furthermore, after being detained on March 26, 2021, a further investigation was carried out as a suspect accompanied by legal advisers, and so far the case has not been submitted to court.

This fact, he continued, shows that the Corruption Eradication Commission has not exercised its authority as referred to in Article 40 paragraph (1) in conjunction with Article 70C of the KPK Law, because the 2 year calculation period requirement is a form of accumulation since the investigation process (SPDP), prosecution until delegated to court has passed. , and the KPK did not issue an Order to Stop Investigation (SP3) against RJ Lino.

"Therefore, for the sake of legal certainty and protection of the suspect's human rights, there is sufficient legal reason for the pretrial judge to examine and grant RJ Lino's pretrial request," said Agus.

In addition, he also mentioned the financial loss in the maintenance of the three "Quay Container Crane" (QCC) units which was only US $ 22,828.94 or Rp. 329,518,755 in the RJ Lino case.

This is based on an investigative report by the Supreme Audit Agency (BPK) in the framework of calculating the state losses for the QCC procurement in 2010 as stated in the BPK letter dated October 20, 2020.

"So according to Article 11 paragraph (1) letter b and paragraph (2) in conjunction with Article 70C of Law No. 19 of 2019, the KPK is only authorized to carry out investigations, investigations and prosecutions regarding state losses of at least Rp1 billion and in the case of state losses below. Rp1 billion is required to submit investigations and prosecutions to the Police and / or the Attorney General's Office, "he also said.

Previously, RJ Lino had been detained by the KPK on March 26, 2021, after being named and announced as a suspect in December 2015.

As a result of the actions of the suspect RJ Lino, the KPK has obtained data on alleged financial losses in the maintenance of the three QCC units amounting to US $ 22,828.94.

As for the construction and delivery of goods for the three QCC units, BPK did not calculate the exact value of state losses, due to evidence of Hua Dong Heavy Machinery Co.'s real expenditure. Ltd (HDHM) for the construction and delivery of three QCC units not obtained.

Meanwhile, RJ Lino's pretrial hearing was held again on May 19, 2021 with an agenda for answers from the respondent (KPK).