TheJakartaPost
Please Update your browser
Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.
Popular Reads
Top Results
No results found. Please check your search term and try again
Can't find what you're looking for?
View all search results
Popular Reads
Top Results
No results found. Please check your search term and try again
Can't find what you're looking for?
View all search resultsKY respects ruling in Budi Gunawan case
Judicial Commission (KY) commissioner Imam Anshori said the commission honored the ruling of South Jakarta District Court judge Sarpin Rizaldi, who fulfilled part of a pretrial request filed by Comr
Change text size
Gift Premium Articles
to Anyone
Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!
J
udicial Commission (KY) commissioner Imam Anshori said the commission honored the ruling of South Jakarta District Court judge Sarpin Rizaldi, who fulfilled part of a pretrial request filed by Comr. Gen. Budi Gunawan to declare the Corruption Eradication Commission's (KPK) move to name him a suspect as illegal, in a hearing on Monday.
'The commission respects the judge's ruling,' he said as quoted by Antara news agency.
Imam said according to the 'res judicate pro veritate habetur' principle, any court ruling would be considered 'correct' before it was changed by the ruling of a higher court.
'If the accused [KPK] files an appeal, this ruling is not yet 'in kracht' [final and binding], so let's wait until there's a court ruling that is final and legally binding in the case,' said Imam.
In the hearing in court this morning, Sarpin ruled that Budi's naming as a graft suspect was invalid.
'The determining of the plaintiff [Budi] as a suspect by the accused [the KPK] is not valid and not based upon the law,' he said.
The judge said the antigraft body's Sprindik (letter ordering the start of an investigation) No. 03/01/01/2015 was not legal. A further investigation into the case conducted by the KPK was then invalid, as both Budi's naming as a suspect and the Sprindik were not legal, he added.
In the trial, Sarpin rejected all objections submitted by the KPK's legal team.
The judge said the KPK's move to name Budi a suspect was illegal because the commission had no authority to hold an investigation into alleged gratification and graft cases involving Budi when he served as the National Police's Career Development Bureau head, an Echelon II position.
Citing Law No. 30/2002 on the KPK, the judge said the antigraft body had the authority to investigate alleged corruption involving state officials with an Echelon I position and law enforcers.
Sarpin said Budi's position in the Career Development Bureau was limited to helping his superiors carry out police career development programs in the National Police's human resources division. In his position, Budi was not carrying out law enforcement-related duties, the judge said.
The KPK's charge that Budi had inflicted Rp 1 billion (US$79,524) in losses on the state in regard to the gratification he had received was also unproven, the judge said.
Meanwhile, a pretrial request of Rp 1 million compensation filed by the litigant due to his naming as a suspect was rejected by the judge. (ebf)
