The West Nusa Tenggara High Prosecutor's Office (Kejati NTB) studied or conducted a study on the arguments of police investigators in stopping the case of two tankers from Palembang on suspicion of transporting diesel fuel outside the specifications.
Spokesperson for the NTB Prosecutor's Office, Efrien Saputera, said that the study was part of the implementation of legal procedures when the research prosecutor received SP3 cases from investigators.
"After the arguments are completed, we will determine whether we will accept SP3 (the order to terminate the investigation) or submit a pretrial to the court," said Efrien as quoted by ANTARA, Tuesday, March 7.
During the assessment stage, the prosecutor's office continued to apply the precautionary principle, including asking for legal opinion from experts who have knowledge about fuel problems.
For this reason, Efrien has not been able to confirm the time limit for his party to complete the SP3 assessment of the case.
"The timeframe in conducting this study does not exist, but in the near future there will be results," he said.
The NTB Prosecutor's Office in this case as the party tasked with conducting a case file investigation from the previous police investigation provided additional clues regarding the alleged role of others.
Efrien said the additional instructions were based on the suspect's statement in the investigation report (BAP) which claimed to be an activity of mixing diesel fuel with chemicals so that the level of fuel outside the specifications was a follow-up to the boss's order.
This then became the basis for his party to return the case file to the police investigators.
The termination of the fuel case was issued based on the existence of an Investigation Termination Order (SP3) Number: SP3/01-03/II/RES.1.9./2023/Dit Polairud and a Decree on the Determination of Investigation Termination Number: S.Tap/01-03/II/RES.1.9./2023/Dit Polairud on February 21, 2023.
In letter number: SP3/01-03/II/RES.1.9./2023/Dit Polairud, the police outlined the consideration of the issuance of SP3 from the case that named three suspects by stating that there was insufficient evidence or events, not criminal acts or investigations were stopped for the sake of law, and to fulfill the principles of legal certainty, legal justice, and legal benefits.
The consideration is outlined in SP3 based on the evidence obtained from the investigation and report on the results of the usual case title.
The letter also outlines an order for three investigators to stop investigating allegations of oil and gas crimes and general crimes that occurred in the waters of Hajj Port, Labuhan Haji District, East Lombok Regency on September 15, 2022, for case files belonging to three suspects with the initials AM, AW, and JS.
The alleged crime relates to Article 54 in conjunction with Article 28 paragraph (1) of Law Number 22 of 2001 concerning Oil and Natural Gas in conjunction with Article 55 paragraph (1) 1 and/or Article 56 of the Criminal Code and Article 263 paragraph (1) and/or paragraph (2) jo. Article 55 paragraph (1) 1 and/or Article 56 of the Criminal Code.
In handling this case, the Directorate of Water and Air Police (Ditpolairud) of the NTB Police previously issued an Investigation Order (Sprindik) Number: SP.Sidik/9/XI/RES.1.9./2022/Dit Polairud on September 24, 2022.
Following up on the sprindik, the police issued a notification letter for the start of the investigation with Number: B/457/IX/RES.1.9./2022/Ditpolairud on September 26, 2022.
The handling of this case was also revealed after police officers arrested them for filling fuel from tankers to fishing vessels in the waters of Telong Elong, East Lombok Regency.
The fuel filled into the fishing boat is suspected to be incompatible with the transport permit. Investigators found indications of a criminal violation after carrying out an in-depth examination of the type of fuel.
In this case, the roles of the three suspects AM, AW, and JS were revealed as captains and one of them was an operational manager of the tanker company.
Investigators in handling this case also confiscated evidence of tankers carrying fuel allegedly outside the specifications and fishing boats belonging to fishermen at Labuhan Haji Pier, East Lombok Regency.
The seized tankers, South Anggun Motor Tanker (MT) and MT Harima belonging to PT Tripatra Nusantara, which are located in Palembang, and the Satu Raya Motorboat (KM) belonging to East Lombok fishermen who are suspected of receiving fuel filling in the Telong Elong waters.
For evidence of fuel as well. From MT Harima and KM Satu Raya, the police confiscated 227,000 liters, while 135,000 liters of the South Anggun MT cargo.
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