Criminalization Of Ex-Minister's Wife, Kompolnas: Report It, We Will Ask For Irwasum's Clarification

JAKARTA - The National Police's Criminal Investigation Unit said there was a peaceful effort between PT Batubara Lahat and the wife of the former Minister of Agrarian Affairs and Spatial Planning/Head of BPN Ferry Mursyidan Baldan, Hanifah Husein. It is known that Hanifah and a number of directors have been named suspects for alleged embezzlement of coal company shares.

When asked about the police statement, Ricky Hasiholan Hutasoit as the legal representative of PT Rantau Utama Bhakti Sumatra and Hanifah Husein admitted that they were confused by this. The reason is, his party has been accused of something that was never done.

"How can we be peaceful if our client has become a victim of pure criminalization. It should be underlined that what PT Rantau Utama Bhakti Sumatra has done is legally valid and there is no fraud. Bareskrim may have forgotten to check that the deed was carried out before a notary and was attended by all shareholders," said Ricky in his official statement, Wednesday, August 17.

According to him, the criminalization experienced by his client is evidence that the complainant does not have good business ethics.

"What the complainant did using state instruments or law enforcement is clearly an attempt to take over hostile. They want to reclaim shares but in an unethical manner as per a business agreement. It should be noted, this is a big investment, not just buying and selling goods in the market," he said.

In fact, he said, one of the shareholders of PT Batubara Lahat, Andi Asmara, is the chairman of the South Sumatra Coal Mining Association.

"So it should have a moral burden to set an example of how to do coal business politely," he said.

Meanwhile, a member of the National Police Commission, Poengky Indarti, asked Hanifah Husein et al, who felt they had been criminalized, to report this case to his side.

"We invite you to send a complaint to Kompolnas," Poengky told reporters.

According to him, after the report is received, the functional supervisor of the National Police will ask for clarification from relevant officials and high-ranking police officers.

"Our job is as a functional supervisor of the National Police. If we have received the report, we will clarify it to the investigators and Irwasum Polri," he said.

Meanwhile, Suparji Ahmad, a criminal law expert, believes that the police should not criminalize this case. Especially in civil relations.

"Legally, criminalization should not occur, if there is no evidence that supports a criminal act, or a criminal act. Especially in a civil relationship, it is resolved through a civil case, namely through a breach of contract," he said.

According to him, in handling the case, investigators should act in accordance with what is in formal law, as well as material related to law enforcement and at the same time in accordance with the concept of Precision.

"Of course, all precise legal actions must be based on evidence and run in accordance with procedures, substance and authority in a professional and proportional manner. It is not permissible to take legal actions without clear evidence," he said.

Related to the context of the Criminal Investigation Unit who wants to reconcile the two parties in this case, not in the context of being reconciled. "It must be in accordance with the Criminal Procedure Code, namely with a warrant for the termination of the investigation (SP3) accompanied by reasons according to legal facts and clear factors," he said.

Regarding the alleged criminalization, he advised the victim to report to Propam and Kompolnas. "Yes, reporting the police officers who have criminalized must be done, so we can't make guesses. So that in the future there will be no more professional and integrity handling cases," he said.

"There should not be other motives in this alleged criminalization because there is a closeness between businessmen and officers. Finally, it can set a bad precedent in law enforcement, because there will be vested interests that will injure the integrity of law enforcement officers, especially the police unit and public trust," he added.

Previously, Karo Penmas of the Public Relations Division of the National Police Brigadier General Ahmad Ramadhan said investigators from the Directorate of Special Economic Crimes (Dittipideksus) of the Criminal Investigation Unit of the National Police are still waiting for further processing after the agreement.

"To make further decisions, investigators are still waiting for the deed of peace agreement between the parties," he said.