Pretrial Talk: Constitutional Court (MK) chief justice Arief Hidayat (right) talks with Corruption Eradication Commission (KPK) chairman Agus Rahardjo (left) during a visit of KPK leaders at the MK complex in Jakarta on Wednesday
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Corruption Eradication Commission (KPK) deputy chairman Laode Muhammad Syarif has called on the Supreme Court (MA) to regulate the process of requesting a pretrial hearing so as to prevent it from going uncontrolled.
"We're planning to meet with the MA. To avoid a situation where pretrial motions run wild, the MA may need to issue a decree or regulation. In several cases, judges have requested evidence and investigation materials in a way that is not nicely regulated," Laode said on the sidelines of a visit to the Constitutional Court (MK) complex on Wednesday.
According to a 2011 MK decree, Laode said that a pretrial ruling issued by a lower court is legal and binding, which means that it can no longer be challenged by any legal mechanism.
On April 28, 2015, the MK decided to expand the functions of the pretrial mechanism, in which a pretrial motion could also serve as a procedure to examine charges filed by law enforcement institutions against suspects. Previously, pretrial hearings could only be used only to examine the legality of arrests, raids and investigation stoppages.
Laode made the comments during a meeting between KPK and MK leaders at the MK complex in Jakarta on Wednesday. His remarks followed a statement made by KPK chairman Agus Rahardjo, requesting opinions with regard to the 'flooding' of pretrial hearing requests submitted by graft suspects against the anti-graft body.
'We asked the MK to give input with regard to the flood of pretrial hearing requests submitted by those who have been names suspects,' said Agus.
He further said that the anti-corruption body would discuss those legal actions that may need to be taken to keep control of the situation.
The KPK said its leaders would visit the MA next week, but the exact date had not been decided yet.
Currently, the KPK is facing a pretrial motion submitted by state-owned port operator Pelindo II's former president director Richard Joost Lino, who has been named a suspect in a graft case related to the procurement of three quay crane containers (QCC) from a Chinese company Wuxi Huadong Heavy Machinery Co Ltd (HDHM) in 2010.
In 2015, the KPK challenged several pretrial motions, one of which was submitted by graft suspect Patrice Rio Capella, former secretary-general of the NasDem Party. (ebf)
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