Prosecutor: Military Court Has Authority To Process TWP AD Corruption Cases

Jakarta High Military Auditor II Brigadier General Murod reads his response to the exceptions of two defendants in the alleged corruption case of TWP AD funds at the Jakarta High Military Court II, East Jakarta, Thursday (19/5/2022). ANTARA/Tri Meilani Ameliya.

JAKARTA - Jakarta Military High Commissioner II Brigadier General Murod said the Jakarta High Military Court II has the authority to hear, examine, and decide cases of alleged corruption in the Army Housing Compulsory Savings Fund (TWP AD).

One of these powers, said Murod, is based on the mandate of Article 200 paragraph (2) of Law Number 31 of 1997 concerning Military Courts.

"Article 200 paragraph (2) states that if the focus of the loss is caused by a criminal act that lies in the interests of the military, the criminal case must be tried by a court within the military environment," Murod said when reading out his response to the exceptions of two defendants in the alleged corruption case of TWP AD funds. at the Jakarta High Military Court II, East Jakarta, reported by Antara, Thursday, May 19.

Thus, he said, the military prosecutor as the public prosecutor asked the panel of judges to declare the Jakarta High Military Court II authorized to examine, hear, and decide on the case.

Earlier on Thursday (12/5) during the trial, Defendant I Brigadier General Yus Adi Kamrullah (YAK) and Defendant II Ni Putu Purnamasari (NPP), through their respective legal teams, submitted exceptions which in one of the points questioned the authority to try.

According to them, the Jakarta II High Military Court is not authorized to process cases of alleged corruption in TWP AD funds.

The attorney for the defendant Brigadier General Yus Adi, namely Muhammad Yunius Yunio said that the case of alleged corruption in TWP AD funds should be processed in the corruption court (tipikor).

"According to the legal perspective of the legal team of Defendant I, it is not appropriate if this corruption case is examined, tried, and decided at the Jakarta High Military Court II because it does not meet the rules of absolute competence for a criminal act of corruption, even though Defendant I is a member of the Indonesian Army," Yunus said.

He explained that based on the law, cases of criminal acts of corruption can only be tried in a corruption court, as contained in Article 5 of Law Number 46 of 2009 concerning the Court of Criminal Acts of Corruption.

"Article 5 of Law Number 46 of 2009 concerning the Court of Criminal Acts of Corruption states that the court for corruption is the only court that has the authority to examine, hear and decide cases of criminal acts of corruption," said Yunius.

A similar objection was also conveyed by the legal team for the defendant II, Ni Putu Purnamasari.

"Supposedly, the legal process that must be taken is through the judicial mechanism for corruption at the Central Jakarta District Court (PN) in accordance with Article 5 of Law Number 46 of 2009," said the attorney for defendant II Ni Putu Purnamasari Cepi Hendrayani.

In addition to responding to the issue of the authority to try, Brigadier General Murod also submitted three other requests to the panel of judges in response to the exceptions of the two defendants.

First, the panel of judges is requested to state that the indictment of the High Military Prosecutor Number: Sdak/08A/11/2022 dated March 14, 2022, which was read out at the beginning of the trial was prepared properly according to the provisions of the legislation so that the indictment can be used as the basis for examining this case.

Second, the panel of judges was asked to reject the exceptions of the defendants and determined that the examination of the case would continue.

Furthermore, the Chief Justice of the Panel of Judges, Brigadier General Faridah Faisal, said that his party would respond to the exceptions of the two defendants and the prosecutor's response at the trial for reading the interlocutory verdict on Wednesday (25/5).