The Criminalization Of Helmut Hermawan, Expert: Violation Of Administration Must Not Be Criminalized!

Illustration. (Photo: Unsplash)

JAKARTA - Indonesia Police Watch (IPW) smells allegations of criminalization against the suspect Helmut Hermawan, former President Director of PT Citra Lampia Mandiri (CLM) in the alleged criminal case of IUP holders.

"The police are suspected of being legal instruments to oppress, intimidate and criminalize Helmut Hermawan, a mining entrepreneur with the IUP to surrender in fighting for his property over PT CLM which was taken over illegally by Zainal Abidinsyah Siregar," said IPW Chairman Sugeng Teguh Santoso in his statement on Saturday, February 25.

Sugeng said that the alleged silencing was evident by Helmut's detention by the South Sulawesi Police after issuing an arrest warrant without showing a suspect's determination letter.

Sugeng also requested that the alleged criminalization by the police be the concern of the National Police Chief General Listyo Sigit Prabowo and the government through the Coordinating Minister for Political, Legal and Security Affairs Mahfud Md.

"The police are obliged to prove that the police signal as a mafia singer that was once reported by Kamarudin Simanjuntak is not true," he continued.

IPW assesses that if Helmut's detention used Article 159 of the Minerba Law, it should also be imposed on the Board of Directors of PT CLM, which is currently led by Zainal Abidinsyah Siregar.

Then referring to Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining and last ESDM Ministerial Regulation Number 7 of 2020 concerning Procedures for Providing Regions, Licensing, and Reporting on Mineral and Coal Mining Business Activities, Helmut's actions are not criminal acts but administrative violations.

"Because, the IUP holder's Obligation and Prohibition Rights are in Articles 59 to 69 of the Ministerial Regulation, including regarding the preparation and delivery of RKAB (cost Budget Work Plan)," he continued.

According to him, the National Police Chief must investigate allegations of silencing and criminalization against Helmut Hermawan. For this reason, IPW also hopes that General Sigit will provide explanations and protection to citizens who are oppressed by using the instrument of police authority because there are third parties who have great economic strength.

So according to him, this alleged criminalization case will reduce the image of the National Police Institution, and make the public no longer trust the Police.

Meanwhile, University of Al-Azhar Indonesia (UAI) Criminal Law Expert Prof. Suparji Ahmad said that criminalization should not be carried out by law enforcement officers in handling cases.

He said that if a case does not fulfill the elements of a criminal act, it must not be forced into criminal liability.

"Criminalization should not occur, if there is no act that meets the criminal element, then there should be no criminal responsible mechanism," said Suparji.

Because according to him, if it is only an administrative violation, then the criminal law process must be stopped. "If it is an administrative violation, then the settlement through the administrative realm and the criminal law process will be stopped," he continued.

Suparji said that the National Police Chief General Listyo Sigit Prabowo must pay attention to his members who are suspected of criminalizing Helmut Hermawan. "Attention needs to be done if there is an element of criminalization," he said.

In addition, the National Police as law enforcement officers were also asked to eradicate the mining mafia so that assumptions related to the dishing police of the mining mafia did not actually occur at the Police Institution.

"However, eradicating the mining mafia by taking into account the prevailing laws and regulations," he said.

It is known in Article 93A paragraph 1 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining firmly states that business entities holding IUP or IUPK are prohibited from transferring share ownership without the minister's approval.

Helmut Hermawan had previously submitted a request for legal protection to the South Sulawesi Regional Police. Polda was asked to protect PT CLM's assets from illegal management suspected of stealing, shipping, and loading of CLM's nickel or other detrimental acts.

Meanwhile, Freddy Napitupulu, Operational Director of PT CLM, said that it was true that Mr. Helmut had been detained by investigators from the South Sulawesi Regional Police.

"That we did not expect that Mr. Helmut would be detained, considering that so far he has been very cooperative with the ongoing law enforcement process. Mr. Helmut was arrested while BAP was being carried out at the Criminal Investigation Unit. That it is true that until now we have never received any Minutes from the Police," he said.