The auction of assets linked to the Asabri affair is inappropriate

The AGO will auction the assets related to the Asabri affair.

medialnews, JAKARTA – The Attorney General’s Office will auction a number of evidence related to the alleged corruption case of financial management and investment funds at the Social Insurance of the Indonesian Armed Forces (ASABRI ). The decision was made by the Adhyaksa Corps, which refused to be burdened with the cost of maintaining the confiscated assets.

There is no doubt that the prosecutor’s efforts have been criticized by a number of legal experts in Indonesia. One of them is linked to the auction mechanism governed by Article 45 of the Code of Criminal Procedure.

According to the Dean of Law School at Pakuan University, Yenti Garnasih, the legal basis for the auction in the ASABRI case was inadequate. He argued that the AGO only adhered to the Code of Criminal Procedure (KUHAP) when conducting the auction.

“It is too minimal to stick to the code of criminal procedure, while this corruption is outside the code of criminal procedure. Should have had its own tools, the KUHAP is used to steal ordinary and ordinary crimes,” a said Yenti Jakarta, Monday, May 17. 2021.

Yenti argued that the attorney general should not worry about assets that are still in debt and are unrelated to corruption cases. “As long as the assets can be proven that ownership is not the result of corruption, debt is acceptable. But if it is proven that the results of corruption remain a problem,” said Yenti, who is also a former KPK commissioner.

Yenti added that this auction requires the presence of the Assets Forfeiture Law as a legal umbrella. He said that until now, the country’s policymakers have been less sensitive to the economic crimes that often catch suspects in money laundering (TPPU) cases.

Senior Lecturer in Law, Universitas Airlangga (UNAIR), Professor Dr Lucianus Budi Kagramanto, revealed that while it is true that the confiscated assets are still in a state of error.

He also felt that the AGO was too pushy if he knew that there were assets that were not related to the ASABRI case that were forced to confiscate them only to sue them to match the amount of losses. of State. “If it is forced, it means that the case which should have been dealt with by the district court was misplaced if it had been dealt with by the corruption court,” he said.

ASABRI’s confiscated assets auction plan was initiated by Deputy Attorney General for Special Crimes (JAM-Pidsus) at AGO Ali Mukartono. According to him, the auction mechanism is governed by Article 45 of the Code of Criminal Procedure.

“It is allowed for article 45 of the code of criminal procedure, with too high storage costs. We have limited costs,” Ali said.

Meanwhile, JAM-Pidsus AGO Director of Investigations Febrie Ardiansyah, the auction process will involve AGO’s Asset Recovery Center (PPA). “PPA has coordinated with the Public Service Valuation Office (KJPP) to value its assets, later the KPKNL (State Wealth and Auction Service Office) auction will be,” Febrie explained.