When Lawyer for Execution of Djoko Tjandra’s Execution … Page all

JAKARTA, KOMPAS.com – Djoko Tjandra aka Djoko Soegiarto Tjandra was finally caught after being on the run for 11 years. He arrived in Indonesia on Thursday (07/30/2020) night.

The Attorney General’s Office then did execution the 2009 Supreme Court ruling on judicial review (PK) submitted by the prosecutor. Execution performed on Friday (7/31/2020).

The Supreme Court accepted and declared that the Director of PT Era Giat Prima was guilty. Djoko was sentenced to two years in prison.

Djoko was also required to pay a fine of Rp. 15 million in three months’ imprisonment and the money in Bank Bali in the amount of Rp. 546 billion was confiscated for the state.

Now, Djoko has the status of a prisoner in the case of transferring the right of collection or Bank Bali cessie. For a while, he served his sentence at the Salemba Detention Center in the Bareskrim Polri, Jakarta.

However, lawyer Otto Hasibuan, questioning the detention of his client.

In fact, according to him, there is an injustice felt by Djoko.

“How come there is a verdict null and void by law, carried out for reasons of detaining people. It’s only natural that Djoko Tjandra feels unfairly treated,” Otto said when contacted Kompas.com, Sunday (3/8/2020).

Also read: Menkumham Claims There Are No Violations In Issuance of Djoko Tjandra’s Passport

He was of the view that the detention was invalid because in an unwritten ruling the order was for Djoko Tjandra to be detained.

Otto refers to Article 197 paragraph (1) letter (k) of the Criminal Code which states that the sentencing decision must contain an order for the defendant to be detained or released.

Then, Article 197 paragraph (2) KUHAP states, the decision is void for the sake of law if it does not contain a detention or release order against the defendant.

“In Article 197 of the Criminal Procedure Code it is stated that decisions that do not meet these requirements start from a to k, until y if not mistaken, if they are not fulfilled, then the result is that the decision is null and void,” he said.

“That is the sound of the law, thus because the Act itself, Article 197 says it has to be canceled, then where is the prosecutor’s basis to execute him,” he continued.

Also read: Otto Hasibuan: Djoko Tjandra Will Propose PK

According to him, the decision against Djoko Tjandra came out before the Constitutional Court (MK) ruling regarding Article 197 paragraph 1 letter (k) of the Criminal Procedure Code on November 22, 2012.

MK argues that the decision of a criminal case without detention status does not make a null decision for the sake of the law.

However, Otto said, the Court’s decision was not retroactive so it could only be applied to a decision after November 22, 2012.

Responding to this opinion, the Attorney General’s Office emphasized that his party was not holding Djoko, but instead was executing a body sentence for the Supreme Court’s ruling in 2009.

“What the prosecutor is doing is executing corporal sentences to execute the verdicts of PK judges, not carrying out detention,” said Head of Attorney General’s Information Center, Hari Setiyono through written statements, Monday (3/8/2020).

Hari said, the execution of decisions that have permanent legal force or inkrah in criminal cases is the authority of the prosecutor.

Also read: Response from Djoko Tjandra, Attorney General: Prosecutors Execute PK Decisions, Not Detention

Furthermore, the AGO also holds that PK judges are not authorized to order detention.

“The PK judge will not give a ruling on the status of the defendant as in article 197 paragraph (1) letter k KUHAP because there is no authority of the PK judge to make an arrest, if mentioned then it is against the law,” he said.

After the execution, Hari said that the task of the prosecutor as the executor had been completed

Said the Legal Expert

Meanwhile, criminal law expert at Trisakti University Abdul Fickar Hadjar argues, the cassation decision or PK is the most recent decision in the criminal proceedings.

The end of the criminal proceedings, he said, was execution, both imprisonment, as well as fines or compensation.

Regarding Article 197 paragraph (1) letter (k) of the Criminal Procedure Code highlighted by Otto, Fickar considered the article to be a detention mechanism for criminal cases with a penalty that does not require detention.

Also read: Djoko Tjandra Selects Otto Hasibuan as His Lawyer, This Case Has Been Treated …

For example, probation as stated in the Criminal Code.

“If Article 197 paragraph 1k is viewed rigidly, then all sentences for probation must be considered invalid, and this is something that is not possible,” Fickar said when contacted Kompas.com, Tuesday (4/8/2020).

“Moreover, the cassation or PK decision in the criminal case is a final decision that has binding legal force to be carried out or executed,” he added.

The next step

After questioning the basis of the detention of his client, Otto claimed his side had not yet determined the next step.

According to him, his party was discussing further what steps would be taken.

“We are going well first whether we will clarify first to the prosecutor, whether we should bring this legal remedy to pretrial or other legal remedies, this is being considered by us,” Otto said.

Also read: Otto Hasibuan Official Becomes Djoko Tjandra’s Legal Counsel

On the other hand, the AGO has stated that it is ready if the issue of the execution of Djoko Tjandra is brought into the realm of law.

“So even if there are those who argue that it is invalid or that it must be null and void by law, then we are prepared if indeed it will be questioned at the level of the realm of law,” Hari said.

–