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Setnov pretrial victory does not eliminate alleged criminal acts: MA

Selasa 03 Oktober 2017 23:31 WIB

Red: Reiny Dwinanda

Chairman of the House of Representatives (DPR) Setya Novanto

Chairman of the House of Representatives (DPR) Setya Novanto

Foto: Republika/Prayogi

REPUBLIKA.CO.ID, JAKARTA -- Setya Novanto (Setnov)'s pretrial motion victory against anti-graft agency's (KPK) move to name him suspect in an e-ID procurement corruption case does not eliminate the criminal act he had allegedly committed, the Supreme Court (MA) stated.

"The essence of the pretrial is to only determine the validity of naming a suspect and does not eliminate the criminal act itself," MA Legal Bureau Chief and spokesman Abdullah noted in a short message received in Jakarta on Tuesday.

Abdullah made the remarks in response to the controversy surrounding the pretrial ruling on the motion filed by Novanto on being named a suspect in the corruption case of the electronic Identity or e-ID Card project by the Corruption Eradication Commission (KPK).

Article 2, paragraph 3, of MA Regulation Number 4 of 2016 stipulates that a pretrial verdict accepting a petition on the annulment of the suspect status shall not invalidate the investigator's authority to determine the individual as a suspect again.

"If the investigator has found at least two new, valid pieces of evidence apart from the previous evidence relating to the matter, then he or she can be named a suspect again," Abdullah explained.

Meanwhile, with regard to the pretrial ruling of Novanto, Abdullah said the Supreme Court respects the decision taken by the South Jakarta District Court judge.

Abdullah affirmed that the decision taken by the judge or the judiciary panel becomes the absolute responsibility of the concerned judge or panel of judges. The verdict has no connection with the relevant court chairman, the chief of the Court of Appeal, or the chairman of the Supreme Court.

South Jakarta District Court judge Cepi Iskandar, who had accepted Novanto's pretrial motion, stated on September 29, 2017, that the naming of Novanto, who is also the House's chairman, as a suspect is not based on appropriate procedures.

Judge Iskandar concluded that the naming of the suspect by the KPK is not in line with the procedures and Law No. 30 of 2002 on the KPK, Criminal code Procedure, and the standard operating procedure of the anti-graft body.

However, the KPK is planning to issue an investigation warrant against Novanto.

Sumber : Antara
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