Jakarta, hitclubapk3 Indonesia
—
Corruption Eradication Commission (
Corruption Eradication Commission
) asked the sole judge of the South Jakarta District Court (PN) Halida Rahardhini to state that she did not accept the pretrial application submitted by the suspect in the alleged corruption case in the procurement of electronic KTPs (e-KTP)
Paul Tannos
aka Tjhin Thian Po.
The KPK Legal Bureau said Paulus Tannos is still on the wanted list (DPO).Based on the Supreme Court Circular (SEMA) Number 1 of 2018, a fugitive is prohibited from applying for pretrial.
If the pretrial application is still submitted through the family or legal representative, the judge will issue a decision stating that the pretrial application cannot be accepted.
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“This applicant’s status is still on the wanted list (DPO) and also on red notice. So, up to now his status is still a DPO and based on Supreme Court Circular Letter Number 1 of 2018 there is a prohibition on pretrial filings for suspects who have run away or are on wanted status,” explained the Corruption Eradication Committee Legal Bureau in the first pretrial hearing in Courtroom 5 of the South Jakarta District Court, Monday (24/11).
The judge did not want to rush to accommodate the wishes of the KPK Legal Bureau.The judge asked that the KPK Legal Bureau’s explanation be included in the answer and that the parties carry out the trial in accordance with procedural law.
In his petition, Tannos’ attorney asked the judge to declare the Arrest Warrant Number: Sprin.Kap/08/DIK.01.02/01/11/2024 dated 26 November 2024 as invalid and has no legal force.
Tannos’ attorney, Damian Agata Yuvens, stated that the pretrial object, namely Sprin.Kap/08/DIK.01.02/01/11/2024 dated 26 November 2024, was not signed by investigators.Damian said that the Sprinkap was only signed by Nurul Ghufron, who at that time was Deputy Chair of the Corruption Eradication Committee.
“The pretrial object, namely the arrest warrant, is invalid because it was not signed by the investigator. In the pretrial object, the person who signed it was the Deputy Chairperson of the Respondent (KPK) in the name of Nurul Ghufron, not the investigator. Why? Since the promulgation of Law Number 19 of 2019 concerning the Second Amendment to Law 30/2002 concerning the Corruption Eradication Committee, in fact the position of the Corruption Eradication Commission leadership, including the deputy chairman, is no longer as investigator and public prosecutor, therefore it must be stated that the person who signed it is not an investigator,” said Damian.
Damian explained that this violated the provisions of Article 16 paragraph 2
juncto
Article 1 number 20 of the Criminal Procedure Code (KUHAP).Damian added that the pretrial object also did not include the client’s identity completely and correctly as required in Article 18 paragraph 1 of the Criminal Procedure Code.He said, Tannos’ nationality was not stated completely and correctly.The pretrial object identity section only writes Tannos’ nationality as an Indonesian citizen, while since 2019 Tannos has also become a citizen of another country.
“The nationality written in the identity section of the pretrial object is incomplete and incorrect because the applicant has been a citizen of Guinea-Bissau since 2019 – which the Guinea-Bissau government notified the Indonesian government on September 5 2019,” he said.
The Paulus Tannos case is the first extradition process carried out by Indonesia and Singapore.The two countries signed an extradition agreement in 2022, followed by ratification in 2023.
Tannos as the Main Director of PT Sandipala Artha Putra entered the DPO on October 19 2021.He was arrested in Singapore by the anti-corruption agency there in mid-January.
(ryn/isn)
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