Jakarta, Legal Literacy - After Eddy Hiariej, Deputy Minister of Law and Human Rights, was released from his suspect status in the alleged bribery case, now the President Director of PT Citra Lampia Mandiri, Helmut Hermawan, has also been released from his suspect status as the giver of bribes to the former Deputy Minister of Law and Human Rights.
In Jakarta, on Tuesday (27/2/2024), Judge Tumpanuli Marbun granted the judicial request submitted by the President Director of PT Citra Lampia Mandiri, Helmut Hermawan, regarding the designation of Helmut Hermawan as a suspect in the alleged bribery case to the former Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej or Eddy Hiariej. The judge stated that the actions of the Corruption Eradication Commission Corruption (KPK) in naming Helmut Hermawan as a suspect cannot be legally justified.
Hearing pre-trial at the South Jakarta District Court for the reading of the verdict began at 15.00. Helmut's attorney, Resmen Kadapi, represented the applicant, while the KPK Legal Bureau team represented the respondent, namely the KPK.
Judge Tumpanuli Marbun stated that the designation of the applicant as a suspect by the respondent, in the context of alleged corruption, was invalid and not based on law. Therefore, the decision has no binding legal force.
In his consideration, Judge Tumpanuli asserted that the determination of Helmut as a suspect was invalid due to the lack of two adequate pieces of evidence. The KPK named Helmut as a suspect in conjunction with the issuance of a warrant for investigation, but this is not in accordance with the provisions contained in the Criminal Procedure Code and the KPK Law. This action has the potential to lead to abuse of authority, according to Judge Tumpanuli's opinion.
According to Judge Tumpanuli's view within the framework of procedural law, the investigation process must be carried out before the determination of a suspect, not the other way around, where the determination of a suspect must follow after the collection of sufficient evidence.
Intertwined with the Pre-Trial Ruling of Edward Omar Sharif Hiariej or Eddy Hiariej
Another consideration that was an important factor for Judge Tumpanuli in deciding to grant the pre-trial lawsuit filed by Helmut was its connection with Eddy's status, whose pre-trial application was also accepted by the South Jakarta District Court on January 30, 2024. In the context of bribery cases, consistency and the relationship between the giver and receiver of bribes are always essential.
Sole judge Estiono's decision stated that Eddy's designation as a suspect was not justifiable due to a lack of valid evidence in accordance with Article 184 Paragraph (1) of the Criminal Procedure Code. The designation was based solely on witness statements during the investigation, which at that time did not meet the pro justitia requirements. Therefore, the judge concluded that the KPK's action in designating Eddy as a suspect was legally invalid.
Judge Releases Helmut, Lawyer Hopes KPK Issues SP3
After the verdict hearing, Helmut's lawyer, Resmen Kadapi, stated that with the judge's acquittal, Helmut was free from all KPK charges.
The next step is that the legal team will observe developments that occur outside.
Nevertheless, Resmen hopes that the KPK can issue a letter of termination of investigation (SP3) for Helmut's case.
This is mainly because Helmut is currently being transferred to the Kramatjati Police Hospital (RS) for treatment after falling in the KPK detention center.
Resmen said that his party has submitted a request that all activities related to the investigation process against Helmut be stopped.
Meanwhile, the KPK Legal Bureau team immediately left the location as soon as the trial was over.
Previously, the KPK suspected that Helmut had given bribes and gratuities of up to Rp 8 billion to Eddy Hiariej related to company disputes, termination of legal proceedings at the National Police Criminal Investigation Agency, and the nomination of the Chairman of the Central Board of the All-Indonesia Tennis Association.
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