KPK Loses To Former Deputy Minister Of Law And Human Rights Eddy Hiariej In Pretrial, Suspect Status Is Not Legal

Former Deputy Minister Of Law And Human Rights Edward Omar Sharif Hiariej/DOK PHOTO VIA ANTARA

JAKARTA - The KPK lost the pretrial lawsuit against former Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej or Eddy Hiariej. This is because the sole judge decided to determine the suspect in the alleged bribery and gratification case was invalid.

"The judge came to the conclusion that the defendant's actions determined the applicant as an invalid suspect and had legal force," said Judge Estiono during a trial at the South Jakarta District Court, Tuesday, January 30.

In considering the decision, it is considered that the KPK does not have enough evidence in determining the suspect as regulated in Article 184 paragraph 1 of the Criminal Procedure Code (KUHAP).

Then, the judge assessed that the article used by the KPK for the determination of the suspect against Eddy Hiariej did not have binding legal force.

Meanwhile, the articles used by the KPK are Article 12 letter a or Article 12 letter b or Article 11 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption in conjunction with Article 65 of the Criminal Code.

"The trial, in the exception, stated that the defendant's exception could not be fully accepted," said Judge Estiono.

Eddy Hiariej as a suspect in receiving bribes. He is suspected of receiving up to Rp8 billion in money which was divided several times for a number of purposes involving the boss of PT CLM, Helmut Hermawan.

Eddy's first acceptance was made after he agreed to consult the general legal administration of the PT CLM ownership dispute. At that time Helmut gave Rp4 billion.

Then, Eddy also received Rp3 billion to stop the legal process involving Helmut at the National Police Criminal Investigation Unit through the issuance of a letter of termination of investigation (SP3).

Finally, Eddy is suspected of using his power as Deputy Minister of Law and Human Rights to unblock PT CLM in the Ministry of Law and Human Rights' Legal Entity Administration System (SABH). He then received Rp1 billion which was used to run for Chairman of the Central Management of the Indonesian Tennis Association (PP Pelti).

The KPK suspects that Eddy made this acceptance through two people as representatives of himself. They are lawyers named Yosi Andika Mulyadi and Yogi Arie Rukmana who are his personal assistants who are also suspects in this case.