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Jakarta Post

No need to hold suspects: Jambi prosecutors

It is not necessary to detain nine suspects implicated in multiple corruption cases, the Jambi Prosecutor’s office says

Jon Afrizal (The Jakarta Post)
Jambi
Tue, September 28, 2010 Published on Sep. 28, 2010 Published on 2010-09-28T10:05:21+07:00

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I

t is not necessary to detain nine suspects implicated in multiple corruption cases, the Jambi Prosecutor’s office says.

Prosecutors previously named as suspects—but did not detain— RSUD Hamba Muarabulian hospital director Husni E. Taufik and appliance supplier Adhiarto for the alleged illegal procurement of Rp 3.2 billion (US$358,000) in medical appliances.

Three suspects named in PT Raden Prima Lestari’s Rp 52-billion bad debt case were also not detained: Company director Zein Muhammad, BRI bank Jambi branch official Effen Siam and Biasa Sitepu, the public accountant who audited the company’s finances.

Jambi prosecutors named as suspects — but again did not detain —former Kerinci regent Fauzi Siin and Kerinci regency secretariat treasurer Samsurizal in the alleged misappropriation of Rp 3.9 billion of state funds. Investigators detained Syukur Kelaberajo on allegations he embezzled funds from the regency.

Prosecutors chose not to detain city councillors Zulkifli Somad and Ridwan, who were previously implicated in a case of allegedly illegal garbage transport fees connected to CV Usaha Sehat Bersama (USB).

Prosecutor’s office spokesman Andi Ashari said the detention of the suspects depended on case investigators.

“Detentions can be ordered if the suspects are considered uncooperative or likely to destroy evidence,”
he said.

According to Article 21 (1) of the Code of Criminal Justice (KUHAP), detention is necessary if there is a concern that the suspects may run away, destroy evidence or repeat their crimes, he said, adding that this was called subjective requirement detention.

KUHAP also stipulates that detention can only be levied on suspects who are alleged to have committed crimes carrying more than five-year prison sentences, he said.

“So far no notes have been made by the investigators regarding the detention of particular suspects,” he said.

Cooperation was another reason why detention was unnecessary, he said, adding that the suspects have said they were willing give the funds they allegedly embezzled or illegally accepted to the state.

The cases were all still under investigation, he said. Investigators, must finish case files before the suspects could be indicted in court.

There was the possibility that some of the nine would be detained in the future, he said.

Jambi University legal expert Thabrani M Sholeh said that the basic principle of fighting corruption was to recoup state losses.

“However, it is also aimed at creating a chilling effect for potential perpetrators,” he said.

“Although state losses are recouped when corrupt money is returned, the legal process must continue.”

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