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Pre-trail hearing cannot examine suspect's legal status – Polri 2009

Detik News - October 5, 2009 (archive)

[The following is a translation of a 2009 article by Detik News related to a previous attempt by the national police to criminalise the Corruption Eradication Commission (KPK) in which trumped-up charges were leveled, and later debunked, against KPK deputies Bibit Samad Rianto and Chandra M. Hamzah.]

Irwan Nugroho, Jakarta – The national police headquarters (Mabes Polri) is asking that the judge reject a pre-trail challenge by the Indonesian Anti-Corruption Society (MAKI) against a decision to name non-active Corruption Eradication Commission (KPK) deputies Chandra M Hamzah and Bibit Samad Rianto suspects.

The reason for this is that a decision to name someone a suspect cannot be examined in a pre-trial hearing.

"Based on Article 77 of the KUHAP [Criminal Procedural Code], a pre-trial hearing does not have the competence to examine a decision to name someone a suspect", said Mabes Polri legal attorney Iza Fadli after reading out a response to MAKI's motion at the South Jakarta district court on Jl. Ampera Raya on Monday October 5, 2009.

According to this article, continued Fadli, a pre-trial hearing can only be held to examine the validity or not of a decision to end a criminal investigation by the authorities. A pre-trial hearing can also be held to hear a request for compensation by a suspect or defendant whose case has been halted.

Because a decision to name someone a suspect cannot be heard in a pre-trial hearing, Fadli is asking that the judge rule that the South Jakarta district court does not have the authority to hear the challenge presented by MAKI.

"The naming of a suspect is an authority held by the national police", he explained.

Fadli also questioned MAKI's legal standing as plaintiff because the non-government organisation does not have the quality or capacity to present a challenge.

MAKI's right to present a challenge, he continued, is only valid if the organisation is representing a community in a case that is related to three issues. What are these? Issues related to forestry, consumer protection and the environment.

"Based on Article 80 of the KUHAP, MAKI is not qualified to present a pre-trial [motion]", he asserted.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Mabes Polri: Penetapan Tersangka Tak Bisa Dipraperadilankan.]

Source: http://news.detik.com/read/2009/10/05/180901/1215782/10/.

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