Determination Of Illegal Suspect, President Director Of CLM Helmut Hermawan Will Be Released By KPK From Detention Center

Deputy Chairperson Of The KPK Alexander Marwata/DOK KPK Public Relations

JAKARTA - The Corruption Eradication Commission or the KPK will temporarily release the President Director of PT Citra Lampia Mandiri (CLM) Helmut Hermawan from the detention center (rutan).

This release was carried out as a follow-up to the pretrial decision which declared the determination of the suspect Helum Hermawan invalid.

"For the time being released," said KPK Deputy Chair Alexander Marwata when confirmed, Tuesday, February 27.

In the pretrial hearing, Judge Tuggal of the South Jakarta District Court, Tumpanuli Marbun, stated that he granted Helmut Herwaman's lawsuit. Thus, his status as a suspect in bribing former Deputy Minister of Law and Human Rights (Wamenkumham) Edwar Omar Sharif Hiariej alias Eddy Hiariej is invalid.

"As referred to in Article 5 Paragraph 1 letter a or Article 5 letter B or Article 13 of the Anti-Corruption Law is invalid and baseless on law. Therefore, the determination of the a quo does not have binding legal force," said Judge Marbun.

One of the considerations in the decision was that the process of determining the suspect against Helmut was carried out during the process of issuing an investigation warrant (sprindik). Thus, it is considered against the rules.

"Considering that because the determination of the suspect by the applicant is carried out when issuing the sprindik clearly contradicts the Criminal Procedure Law and the Corruption Eradication Commission Law and must be declared invalid," he said.

In addition, based on the rules, the determination of the suspect is the result of the investigation process. Thus, it cannot be carried out at the investigation stage.

"Because the determination of the suspect is the product or result of the investigation process, while the issuance of the sprindik as the beginning of the birth of the investigator's wewang to carry out the investigation," he said.

"So the issuance of the sprindik as well as the determination of the suspect in addition to being invalid because it is against the criminal procedural law, this act has the potential for abuse of authority," continued Judge Marbun.