Allegations Of Helmut Hermawan's Criminalization, Expert: Law Should Not Be Distorted By Anyone

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JAKARTA - Criminal Law expert at Al Azhar University Indonesia, Prof. Dr. Suparji Ahmad, believes that Helmut Hermawan's alleged criminalization in the dispute over the mining ownership of PT CLM must be tested by law enforcement. Namely by reconstructing facts and evidence related to the elements of the crime.

"So we are talking about facts, about evidence that can't be subjective, it must be confronted with elements of a criminal act. Everything must be material in a criminal context, namely that material truth should not be assumptive, it should not be imaginative, it should not be hallucinatory, let alone then illusion," said Suparji in Jakarta, Wednesday, March 7.

Regarding the illegality of a suspect, Suparji said that the law must be enforced even though the sky will collapse.

"The law must not be distorted by anyone, the law is upright. Even the sky is collapsing, the world is corrupt, the law must not stop, this shows that the legal mechanism must be enforced there must be no exceptions," he said.

He also did not approve of any criminalization allegedly committed by unscrupulous police investigators.

"Criminalization should not happen to anyone, criminalization should not be carried out by anyone. To test the alleged criminalization, it also goes back to the legal mechanism, back to the existing procedures. If indeed civil cases are resolved through a civil mechanism, and then if there is a criminal element there is a criminal mechanism," he said.

Meanwhile, M. Fatahillah Akbar, a Criminal Law Lecturer at Gajah Mada University, Yogyakarta, added that Helmut Hermawan's alleged criminalization was evidence that there was still an overlap between criminal and administrative sanctions known as Una Via Principle, which is the development of ne bis in idem.

"Where there should be no administrative or criminal sanctions carried out together, there must be a limit, whether this is subject to criminal or administrative sanctions," he said.

Akbar also asked whether there had been sanctions from the government regarding the report. Because, according to him, in the context of the Mining Law, the Administrative Penal Law has been resolved by Primum Remedium.

Regarding the limits regarding administrative sanctions, Akbar revealed that actually Article 151 of the Mining Law has said that if there is an incorrect reporting in Article 110 of the Mining Law, administrative sanctions can be imposed.

"This is reinforced by PP 96 of 2001 which regulates the imposition of administrative sanctions as well. Furthermore, it is strengthened in the National Police Chief's regulation regarding criminal investigations, that in order to investigate the investigation must first hold a case after they carry out an investigation, they collect evidence to determine the suspect, there must also be another title. indeed," he said.

This Perkap, Akbar continued, is in line with the Constitutional Court's decision earlier with Supreme Court regulations regarding the determination of suspects, there must be procedures.

"So it is necessary to see whether the determination of the suspect is in accordance with the procedure or not, it is the authority of the suspect's right," he said.