JAKARTA - The first Indonesian doctor in the field of money laundering, Yenti Garnasih, highlighted the importance of law enforcement to determine the origin of a crime to a suspect, before declaring the existence of a money laundering crime (TPPU).
This lecturer from the Faculty of Law at Trisakti University does not agree with the formulation of Article 69 of Law No. 8 of 2010 concerning TPPU which states that this criminal act does not have to be proven first the underlying crime in order to be processed in court.
"I highlight and disagree with the formulation of Article 69 because it is unfair if it is applied without the original crime. At the investigation or investigation stage, it is permissible, but when the case is completed and will be handed over to the prosecution, the investigator must have found the original crime. How can someone be said to have committed TPPU, but we don't know the original crime? Unless, in the construction of his actions, he falls into the category of 'participating' in the disguise of another person's assets," said Yenti when talking to Eddy Wijaya in the EdShareOn podcast which aired on Wednesday, July 29, 2026.
Yenti's explanation regarding the criminal case that dragged the name of former Deputy Attorney General for Special Crimes Febrie Adriansyah. On July 8, the police searched a number of locations suspected of being related to the TPPU carried out by Febrie.
From the search at Febrie's residence in Sentul, the police found 74 kilograms of gold bars and a number of money, totaling around Rp. 476 billion. Meanwhile, in the safe behind Cafe de'Clan and KOIN Money Changer in Cipete, Jaksel, there was Rp. 67.2 billion. Febrie claimed that the property in his house belonged to his close friend, Don Ritto, while Cafe de'Clan was not his business.
Yenti explained that if investigators find preliminary evidence of the occurrence of TPPU, for example, the flow of funds to anywhere, then the case file must be merged: the first indictment is the original crime, while the second indictment is the TPPU. If the original crime is more than one, then the indictment can be arranged 'alternatively' or 'subsider'.
"But what is clear, the trial of the original crime and the TPPU must be both," he said. Two cases, both the original crime and the TPPU, are called Yenti must be tried at the same time to be fair to the defendant, while complying with Article 75 of the TPPU Law regarding the merger of handling cases.
From the examination of a number of witnesses, the Attorney General's Office named Febrie as a suspect in the TPPU case on July 24, 2026. Before finally being handled by the Attorney General's Office, the case was investigated by the National Police. From the transfer, the Attorney General's Office investigated four cases, including alleged corruption in Asabri, Krakatau Steel, the procurement of coal for the PLTU which had caused a blackout, and the last TPPU case.
He assessed that it was too risky if someone was charged with TPPU when the original crime had not been decided. "This is very dangerous. If one day the person does a reverse proof (of ownership of his property) and manages to prove that his assets are not from crime, how is the responsibility (law enforcement)? The reverse proof is not the burden of the defendant alone, but the judge also orders the prosecutor to prove his accusation," said Yenti.
Therefore, Yenti suggested that the Prosecutor's Office reject the TPPU case file if there is no record of the original crime.
"Don't let the defendant be charged with a single TPPU article. Then the question is, where is the predicate crime or the main corruption crime? This is a challenge for the Attorney General's Office," he said. "The result of the crime, if it is used, channeled, purchased assets, or hidden, TPPU appears. This is in the principle of no money laundering without predicate offense - it is impossible to have TPPU without the original crime."
Dr. Yenti Garnasih: If the Institutions of Law Enforcement are Solid to Cover Each Other's Aib, I RefuseLecturer at the Faculty of Law, Trisakti University, Dr. Yenti Garnasih assessed that law enforcement agencies must be transparent in handling corruption cases and money laundering (TPPU) cases suspected of involving former Deputy Attorney General for Special Crimes Febrie Adriansyah.
"The public should be given transparent and clear information about the cases being handled by the Attorney General's Office. Moreover, this is not common sense and worrying, because when there is a potential conflict of interest, why is the handling of the case actually delegated by the police to the Attorney General's Office?" he told Eddy Wijaya in the EdShareOn podcast which aired on Wednesday, July 29, 2026.
Indeed, not all materials from the investigation can be spread to the public. However, according to the first doctor in Indonesia in the field of TPPU, the Attorney General's Office can continue to update the development of the case.
Because at the beginning of this case became a public concern, there was a confusion regarding the case that ensnared the suspect, as well as the search procedure which was considered not in accordance with the Criminal Procedure Code. Febrie's legal status also changed, from being a suspect, then annulled as a witness, before the next day he became a suspect again without explanation from the prosecutor.
Yenti menilai hal itu menunjukkan bahwa penegak hukum meremehkan nalar masyarakat, dan memperlihatkan kesan arogan dan sewenang-wenang.
"It seems to want to convey a message that whatever they do, the people must be silent and accept it. In fact, the way to govern the law should not be like that. When can our law move forward if the system is not consistent and needs constant evaluation?" he said.
Yenti added, the facts on the ground show that the inter-law enforcement agencies are vulgarly showing friction. This can be seen from the maneuvers shown, both from the Attorney General's Office and the National Police.
Therefore, Yenti rejected it if it was said that the relationship between law enforcement institutions was solid, through a meeting between the National Police Chief and the Attorney General after the search related to the TPPU Febrie case.
"For us as civil society, if the police find evidence that the prosecutor's office violates the law, yes, tell the truth. Likewise the other way around. This openness is what the people expect. We actually reject the term 'solid' if the meaning behind it is to cover up the shame of the institution and protect the actions of individuals. I personally do not want law enforcement to be compromised with the excuse of maintaining the stability of the country," he said.
Who is Eddy Wijaya, this is his profileEddy Wijaya is a podcaster born on August 17, 1972. Through the YouTube account @EdShareOn, Eddy interviewed many national figures ranging from state officials, legal experts, political experts, national politicians, to local celebrities.
The man with a right cheek dimple is also a nationalist who is an activist for the marginalized and social observers by helping the community through the Wijaya Peduli Bangsa Foundation.
He is also active in the field of sports by serving as the Chairman of the Indonesian Equestrian Sports Association (Pordasi) Pacu and also served as Deputy General Chairman of the Indonesian Badminton Association (PBSI) East Jakarta.
Eddy also served as an Advisory Board of the Indonesian Chinese Social Marga Association, 2022-2026 term of office. His ideas were formed because of his hard work to be independent from the age of 13 to be successful as he is now. For Eddy, the working world is not as smooth as imagined, failure and rejection are common. This is what makes him hold fast to the tagline "Success is only a matter of time". (ADV)
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
