Advancing Pretrial, Former Director Of The Directorate General Of Taxes Sues The KPK Regarding The Determination Of The Suspect

ILLUSTRATION/UNSPLASH

JAKARTA - Former Director of Inspection and Collection of the Directorate General of Taxes at the Ministry of Finance, Angin Prayitno, believes that the panel of judges at the South Jakarta District Court will grant the pretrial lawsuit.

Angin Prayitno sued the suspect in the alleged bribery case related to the 2016 and 2017 tax audits at the Directorate General of Taxes at the Ministry of Finance.

Wind Prayitno's lawyer, Syaefullah Hamid, said that the KPK's determination of the suspect was not in accordance with the Criminal Procedure Code. Even the investigation process until the investigation is considered not the domain of the KPK.

"The determination of suspects by the KPK is carried out in full in ways that are not in accordance with the Criminal Procedure Code, the implementation of the investigation and the investigation also turns out to be not the domain of the KPK," Syaefullah said in his statement, Tuesday, July 27.

In addition, discrepancies between the investigation and investigation processes were also seen during the trial process. One example is that the KPK does not have enough evidence to identify a suspect.

"It can be seen that from the results of these trials the respondent (KPK) in carrying out the investigation and investigation procedures is not in accordance with the Criminal Procedure Code, so that the determination of the suspect is not legally valid," he said.

"The Sprindik was published on February 4, 2021, the SPDP as well as the determination of the suspect on February 5, 2021, while it was acknowledged by the respondent (KPK) that the examination of witnesses in the investigation had only begun on April 22, 2021 and confiscation had only begun March 31, 2021, while the search was on February 10, 2021, everything was done after the determination of the suspect," continued Syaefullah.

He said the evidence was not obtained during the investigation or investigation process. But when the client is determined as a suspect.

"Therefore, the determination of the suspect is invalid because it contradicts Article 1 point 2 of the Criminal Procedure Code and the Constitutional Court Decision No. 21/PUU-XII/2014 which expressly stipulates that the determination of a suspect may only be made based on evidence obtained during the investigation stage," he said. .

On the other hand, according to Syaefullah, his client is also not a state administrator who can be ensnared by the KPK. Because, in the organizational structure of the Directorate General of Taxes, the Ministry of Finance, the Directorate of Audit and Collection, namely the Wind position, does not have a law enforcement function.

"It is clear that the Director of Examination and Collection is not echelon I and is not an investigator," he said.

For information, the inaugural trial with the agenda of reading the pretrial lawsuit was held on Monday, July 19. Based on the Case Investigation Information System (SIPP) of the South Jakarta District Court, Angin Prayitno's lawsuit is registered with case number 68/Pid.Pra/2021/PN JKT.SEL. The lawsuit was filed on June 16.