2 hours ago
5
November 27, 2024 | 02:58 pm
TEMPO.CO, Jakarta - The sole judge has decided to reject the pretrial petition submitted by the corruption suspect in sugar import cases, Tom Lembong. Responding to the decision, Tom's lawyer, Ari Yusuf Amir, objected to the decision.
Ari mentioned that the pretrial judge did not understand the Constitutional Court (MK) decision regarding the evidence requirements in designating someone as a suspect. "In relation to the two sufficient evidence as prescribed by the MK's decision should be clarified by the investigator as initial and related evidence, so that someone can be designated as a suspect," said Ari in his statement on Tuesday, November 26, 2024.
He stated that pretrial judges should assess the quality of the evidence, not just the formality. Tom's legal team also assessed that the judges still used the old paradigm regarding the meaning of pretrial and did not update it in accordance with the MK's decision.
The MK decision referred to by Ari is the MK Decision Number 21/PUU-XII/2014 which states that the appointment of a suspect must be preceded by at least two pieces of evidence. This MK decision is a guarantee of the suspect's human rights. "In the context of enforcing the law on corruption crimes (corruption), the focus should not only be on the potential losses, but on the actual losses that occurred," said Ari.
The change of the word 'may' in Law No. 20 of 2001 concerning Corruption Eradication reflects that the law must be firmer and in line with the principles of justice contained in the 1945 Constitution. "In this case, the investigators do not have any evidence of state losses from any institution," he said.
Tom's legal team also emphasized that the inclusion of the word 'may' in Article 2 Paragraph 1 and Article 3 of the Corruption Eradication Law creates legal uncertainty that can harm many parties. "The law must be clear and not confusing for all parties involved. We regret that the considerations put forward by the applicant, which indicate anomalies in this legal process, were not accepted at all by the judge," said Ari.
He stated that every legal process should be carried out with transparency and justice. "We will continue to fight to ensure that the rights of our clients are protected and that justice is upheld," he said.
Prior to that, the sole judge of the South Jakarta District Court, Tumpanuli Marbun, rejected the pretrial petition filed by former Trade Minister Tom Lembong. With that decision, Tom's suspect status remains in effect or is not dropped.
"Reject the applicant's pretrial petition in its entirety," said Judge Tumpanuli when reading the decision, on Tuesday, November 26, 2024 in the South Jakarta District Court.
Editor's Choice: Tom Lembong Accepts Court's Dismissal of His Pretrial Motion
Click here to get the latest news updates from Tempo on Google News
Tom Lembong Accepts Court's Dismissal of His Pretrial Motion
49 menit lalu
Former Trade Minister Tom Lembong said he accepted the South Jakarta District Court's dismissal of his pretrial motion.
AGO Denies Criminalizing Tom Lembong in Sugar Import Case
4 jam lalu
After winning the pretrial motion, the Attorney General's Office claimed that the case of Tom Lembong is not a criminalization.
South Jakarta Court Rejects Tom Lembong's Pretrial Motion
21 jam lalu
Tom Lembong officially filed a pretrial motion at South Jakarta District Court on November 5, 2024.
Prabowo Gathers Several Ministers at Palace to Discuss 2025 Minimum Wage
1 hari lalu
President Prabowo gathered several ministers at the Presidential Palace in Jakarta for an internal meeting.
AGO Rejects Claims of Arbitrary Suspect Naming in Tom Lembong's Sugar Import Case
8 hari lalu
The AGO maintains that Tom Lembong's designation as a suspect adhered to legal procedures.
Constitutional Court Rules on Rerun Elections for Empty Box Victories
13 hari lalu
The Constitutional Court mandates a rerun election if an empty box wins or secures the highest number of votes among the competing candidate pairs.
Gerindra Politican Calls AGO Too Hasty in Naming Tom Lembong as Suspect
13 hari lalu
The politician from Gerindra reminds Attorney General's Office (AGO) not to let public perceive that Prabowo's govt is using the law as political tool
Attorney General Denies Tom Lembong's Suspect Naming is Political
13 hari lalu
Attorney General ST Burhanuddin says that the designation of Tom Lembong as a suspect has gone through a rigorous process.
Tom Lembong Case and Inequality Before the Law
13 hari lalu
There are many irregularities in relation to the detention of Tom Lembong.
KPK Deputy Chair Alexander Marwata to Challenge KPK Law Provisions at Top Court
20 hari lalu
Alexander Marwata says Articles 36 and 37 of KPK Law can become a tool for criminalization against KPK staff and commissioners.
