JAKARTA - The Corruption Eradication Commission (KPK) is ready to face a pretrial lawsuit filed by Lukas Enembe at the South Jakarta District Court (PN). They believe the evidence held is able to reveal the alleged bribery and gratification of the inactive Papua Governor.
"We are very confident that we have the evidence as stipulated in the applicable legal provisions. We have complied with the formal provisions in this case," said Head of the KPK News Section Ali Fikri to reporters, Saturday, April 1.
Ali said the anti-corruption commission certainly appreciated the request as a control process. However, the South Jakarta District Court Panel of Judges is believed to reject the pre-filtration proposal.
"We are optimistic," he said.
As previously reported, the Case Investigation Information System (SIPP) of the South Jakarta District Court said the lawsuit was filed by Lukas on Wednesday, March 29. This legal effort has been registered with case number: 29/Pid.Pra/2023/PN JKT.SEL.
The plan is that the inaugural trial will be held on Monday, April 10. This is the contents of Lukas' lawsuit:
1. Declare to accept and grant the petitioner's request in its entirety;
2. State the Investigation Order Number: Sprin.Dik/81/DIK.00/01/09/2022, dated September 5, 2022, which named the applicant as a suspect by the respondent related to criminal events as referred to in Article 12 letter a or Article 12 letter b or Article 11 and Article 12 letter B of the Corruption Eradication Law (UU Tipikor) is invalid and not based on law, and therefore the investigation of a quo does not have binding force;
3. To declare the determination of the applicant as a suspect carried out by the respondent based on the Investigation Order Number: Sprin.Dik/81/DIK.00/01/09/2022, dated September 5, 2022 is invalid and not based on law, and therefore does not have binding force;
4. Stated Detention Letter Number: Sprin.Han/13/DIK.01.03/01/01/2023 dated January 12, 2023, Detention Extension Order Number: Sprin.Han/13B.2023/DIK.01.03/01/01/2023 dated January 20, 2023, and Detention Extension Order from Central Jakarta District Court Chairman Number: 76/Tah.Pid.Sus/TPK/III/PN.Jkt.Pst dated March 2, 2023 which was carried out by the respondent related to criminal events as referred to in determining the status of the suspect against the applicant as referred to in Article 12 letter a or Article 12 letter b or Article 11 and Article 12 letter B of the Anti-Corruption Law is invalid and not based on law, and therefore a quo detention has no binding force and must be declared invalid;
5. Declare that all decisions or determinations issued further by the respondent are invalid with regard to the determination of the suspect, detention, further detention and investigation of the applicant by the respondent;
6. Order the respondent to issue an order for detention by placing the applicant at the house/hospital and/or city detention with all the legal consequences;
7. Establish and order the applicant to be removed from custody.
8. Restore the applicant's rights in his abilities, position and dignity.
9. Setting court fees arising in the a quo case is borne by the state.
10. Or if the judge, Your Honor, has another opinion, ask for a fairest decision (Ex Aequo Et Bono).
Lukas Enembe has been named a suspect in bribery and gratification. He is currently being held at the KPK detention center.
The anti-corruption commission revealed that the bribe was allegedly from the Director of PT Tabi Bangun Papua, Rijatono Lakka. Meanwhile, gratification is allegedly given by other private parties in order to get projects in Papua.
In an effort to investigate the case that ensnared Lukas, about 90 witnesses were examined. They consist of various elements including digital forensics, forensic accounting experts, and health experts.
It did not stop there, the KPK had also confiscated around Rp50.7 billion in cash; gold bullion, a ring of precious stones, and four cars. This confiscation was carried out to complete evidence of fraudulent practices carried out by the regional head.
Then, investigators frozen the account in the name of Lukas and related parties, which contained money amounting to Rp81.8 billion and 31,559 Singapore dollars.
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