Judge Rejects Mimika Regent Pretrial Eltinus Omaleng Suspect In Corruption Case In Kingmi Mile Church Construction 32

The sole judge of the South Jakarta District Court (PN) Wahyu Iman Santosa reads out the pretrial decision requested by Mimika Regent Eltinus Omaleng against the KPK (ANTARA/Desca Lidya Natalia)

JAKARTA - The sole judge of the South Jakarta District Court, Wahyu Iman Santosa, rejected a pretrial application submitted by the Mimika Regent Eltinus Omaleng who was named a suspect in the alleged corruption case in the construction of the Kingmi Mile 32 Church in Mimika Regency, Papua.

"Trial, reject the applicant's pretrial application in its entirety. Charge the defendant a zero case fee," said Wahyu Iman Santosa at the South Jakarta District Court as reported by ANTARA, Thursday, August 25.

The judge rejected the three arguments put forward by Eltinus Omaleng and his legal advisor.

First, related to the non-receipt of the Notice of Investigation Commencement (SPDP) by Eltinus Omaleng.

"It turns out that the SPDP was not accepted by the applicant. It was the applicant's own fault because of an error in personal biodata by including the address Jalan Manggis Number 128 and not including the address according to the applicant's ID card. The argument stating that the respondent did not provide SPDP as stipulated in the criminal procedure law must be rejected," said Judge Wahyu. .

The second argument is that the determination of the suspect is legally flawed because without any calculation of state losses the judge also rejected because the pretrial only assessed the formal aspect, namely whether there were at least two valid pieces of evidence and did not enter the matter of the case.

"There is no single rule that requires state losses to be one of the elements that must be present in determining suspects. Proof of state losses is one of the main materials that must be proven in evidence at trial later, not examination in pretrial. So the argument of the applicant asking for a calculation state losses must be rejected," continued Wahyu.

The third argument regarding the determination of the suspect is legally flawed because it is not based on sufficient evidence of the application and the calculation of state losses is also rejected by the judge. Judge Wahyu assessed that the KPK as the respondent had submitted evidence in the form of SPDP, evidence of the examination report (BAP) of witnesses and experts.

"Considering the evidence above, the respondent determined the applicant to be a suspect with valid evidence according to the provisions of Article 184 of the Criminal Procedure Code, the applicant's argument is legally flawed because it is not based on sufficient evidence and there is no calculation of state losses must be rejected," said Judge Wahyu.

Eltinus sued the KPK to the South Jakarta District Court for questioning the status of a suspect by the KPK in the alleged corruption case in the construction of the Kingmi Mile 32 Church, Mimika Regency, Papua with the allegation of article 2 paragraph (1) or article 3 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts Corruption as amended by Law no. 20 of 2001.

Eltinus registered the lawsuit on Wednesday, July 20, 2022. The lawsuit was registered with the case number: 62/Pid.Pre/2022/PN JKT.SEL.