MEMBER of Commission III of the Indonesian House of Representatives Hinca Panjaitan reminded the Corruption Eradication Commission (KPK) to submit to the legal process, one of which is the pretrial lawsuit from the suspect. The KPK was asked not to ignore the constitutional rights of every suspect to file a pretrial lawsuit.
This was conveyed by Hinca in response to the KPK’s attitude of often being absent from the pretrial lawsuit hearings filed by suspects. In fact, in every statement the Anti-Corruption Commission firmly stated that it would respect the legal steps of suspects who objected to the determination of the suspect.
“Pretrial is a legal instrument provided by law to make corrections to the investigation process by investigators so as not to violate the due process of law as determined by the Criminal Procedure Code,” said Hinca, Tuesday (10/9).
Today, the Corruption Eradication Committee (KPK) again did not attend the pretrial hearing of the private sector suspect with the initials A. Not only that, the KPK also seemed to deliberately not attend the pretrial hearing of three other suspects from internal parties of PT ASDP (Persero) with the initials HMAC, MYH, and IP.
Hinca emphasized that pretrial is a suspect’s right protected by law. Therefore, the KPK should respect the suspect’s right by being present and fighting to reveal the reasons for determining the suspect.
The Democrat Party Faction legislator emphasized that the court is an honorable place to test the stages carried out by the Corruption Eradication Committee in determining someone as a suspect.
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“The court is an honorable place to test administrative stages that cannot be ignored, but must be orderly and adhered to with precision,” he said.
It is not without reason that the KPK must be really serious in responding to the pretrial motion from the suspect. According to Hinca, the pretrial motion must be faced by law enforcers because the Criminal Procedure Code provides a short period of time for the implementation of the pretrial motion.
So he said there is no reason for legal institutions including the KPK not to attend the suspect’s pretrial hearing. The KPK must really prepare the arguments for determining the suspect to be revealed in court.
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“Because of its nature of testing the administrative process of due process of law on the suspect’s basic rights, whether the determination of suspect status is legal or not, or whether a search is legal or illegal or whether a seizure is legal or illegal is important and vital, the Criminal Procedure Code provides a short time,” said Hinca.
“Therefore, if the pretrial judge has set a trial schedule and summoned investigators to be present on time, all parties must be present at the trial. I think the KPK must fulfill its obligation to be present at the trial to prove that the actions it has taken are legal,” he added.
On the other hand, the Chairman of the Democratic Party’s Honorary Council reminded judges to comply with the Criminal Procedure Code. Most importantly, to maintain and ensure that the parties to the case are present in court considering the time provided by the Criminal Procedure Code is very short.
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“If the KPK investigator as the respondent does not appear, and has been properly summoned, the judge must continue the next stage of the trial process. For what? To provide legal certainty and a sense of justice,” he said.
Previously, the KPK named four parties with the initials A, HMAC, MYH, and IP as suspects in the alleged corruption case at PT ASDP (Persero). This case is related to the business cooperation process and acquisition of PT Jembatan Nusantara by PT ASDP in 2019-2022.
Due to the ruling, the four suspects filed a pretrial motion to the South Jakarta District Court (PN Jaksel). However, during the trial, the KPK was never present at the pretrial motion hearing. (Sru/M-4)
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Indonesia Anti corruption Law
Table of Contents
The Importance of the Corruption Eradication Commission (KPK) Submitting to the Legal Process
The Corruption Eradication Commission (KPK) is an anti-corruption agency in Indonesia that has been instrumental in combating corruption in the country. Established in 2002, the KPK has been praised by Transparency International for its achievements in increasing public awareness of corruption and successfully targeting corrupt individuals [[1]]. However, despite its successes, the KPK has faced criticism for its attitude towards the legal process, particularly in regards to pretrial lawsuits filed by suspects.
Recently, a member of the Indonesian House of Representatives, Hinca Panjaitan, reminded the KPK to submit to the legal process, emphasizing the importance of respecting the constitutional rights of suspects to file pretrial lawsuits. This reminder comes as the KPK has been absent from several pretrial hearings, including one involving a private sector suspect and three suspects from internal parties of PT ASDP (Persero).
Hinca emphasized that pretrial is a legal instrument provided by law to make corrections to the investigation process by investigators, ensuring that the due process of law is not violated as determined by the Criminal Procedure Code. The Democrat Party Faction legislator stressed that the court is an honorable place to test the stages carried out by the KPK in determining someone as a suspect, and that the KPK must be present and prepared to argue its case [[2]].
The KPK’s attitude towards pretrial lawsuits is particularly concerning, given the importance of the legal process in ensuring that corruption cases are handled fairly and transparently. The Criminal Procedure Code provides a short period of time for the implementation of pretrial motions, and it is crucial that legal institutions, including the KPK, are present and prepared to argue their case.
In addition to its role in combating corruption, the KPK is also responsible for promoting public participation and anti-corruption education [[3]]. However, recent cases involving corruption within the KPK itself have raised concerns about the agency’s ability to effectively combat corruption.
it is essential that the KPK submits to the legal process and respects the constitutional rights of suspects to file pretrial lawsuits. The agency’s presence and preparedness in court are crucial in ensuring that corruption cases are handled fairly and transparently, and that the legal process is followed to the letter.
References:
<a href="https://www.iseas.edu.sg/wp-content/uploads/2024/04/ISEASPerspective2024_42.pdf”>[3]
Indonesia human rights ranking
Hinca Panjaitan Urges KPK to Respect Legal Process and Suspects’ Rights
In recent news, Hinca Panjaitan, a member of Commission III of the Indonesian House of Representatives and the Secretary-General of the Democrat Party, [1[1], reminded the Corruption Eradication Commission (KPK) to submit to the legal process, particularly regarding pretrial lawsuits filed by suspects. Panjaitan emphasized that the KPK should respect the constitutional rights of every suspect to file a pretrial lawsuit.
KPK’s Absence from Pretrial Hearings Raises Concerns
Panjaitan’s statement was in response to the KPK’s frequent absence from pretrial lawsuit hearings filed by suspects. Despite the Anti-Corruption Commission’s claims of respecting the legal steps of suspects who object to their suspect status, their absence from these hearings has sparked concerns about the KPK’s commitment to upholding the legal process. [2[2]
Pretrial Lawsuits: A Suspect’s Right to Due Process
Panjaitan highlighted that pretrial lawsuits are an essential legal instrument provided by law to ensure that investigations do not violate the due process of law, as outlined in the Criminal Procedure Code. He stressed that the KPK must respect the suspect’s right to file a pretrial lawsuit and attend the hearings to reveal the reasons behind their suspect status.
The Importance of Attending Pretrial Hearings
Panjaitan emphasized that the KPK’s attendance at pretrial hearings is crucial, as it provides an opportunity for the court to test the administrative stages carried out by the Corruption Eradication Committee in determining someone as a suspect. The court is an honorable place to test these stages, and the KPK must be prepared to present their arguments and evidence in a transparent and orderly manner. [3[3]
Conclusion
Hinca Panjaitan’s reminder to the KPK to respect the legal process and suspects’ rights is a crucial step towards ensuring that corruption investigations are conducted transparently and fairly. The KPK must take their attendance at pretrial hearings seriously, as it is an essential aspect of upholding the rule of law and protecting the rights of suspects. By doing so, the KPK can maintain its credibility and effectiveness in combating corruption in Indonesia.
Keywords: Hinca Panjaitan, KPK, Corruption Eradication Commission, Legal Process, Suspects’ Rights, Pretrial Lawsuits, Due Process, Criminal Procedure Code.
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