Monday, 02 April 2018 11:15

Ban of Filing Pretrial for Fugitive Suspect

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Ban of Filing Pretrial for Fugitive Suspect siwas.mahkamahagung.go.id

 

Indonesia Supreme Court (MA) deserves being appreciated since it has issued a ban on fugitives listed on the People Search List (DPO) to file a pre-trial lawsuit. Supreme Court’s Circular No. 1/2018 dated on March 23, 2018 closes the fugitives’ opportunity to file a pre-trial. The letter also confirms that if a pretrial petition is still filed by the lawyer of fugitive suspect, the judge does not accept it. The suspect also cannot file a legal action regarding the verdict.

So far, people have often got very angry because many fugitives, especially corruptors escape abroad. They file a pretrial through their lawyer or family. As a result, some of them win the pretrial. One of them is Sudjiono Timan convicted of corruption case of Bank Indonesia Liquidity Assistance (BLBI) that made the state money worth Rp 1.2 trillion lose. He fled a few days before being convicted by the Supreme Court (MA) on a higher court with the sentence 15 years in prison. In his escape, Timan's wife filed a Judicial Review (PK) and the Supreme Court accepted the judicial review on July 31, 2013, and Timan was free without attending the court.

The judicial review (PK) is a legal effort which can be taken by a convicted person in a legal case against a court’s verdict that has permanent legal force within the judicial system in Indonesia. The court ruling which has the permanent legal force is the verdict of the District Court that has not been filed an appeal, the verdict of the Supreme Court which is not appealed at higher court or the higher verdict of the Supreme Court.

The circular of the Supreme Court No. 1/2018 that bans the fugitives to file a pre-trial lawsuit should be appreciated by all circles. This is an appropriate step for law enforcers to legally process the fugitives without being in absentia. A fugitive in exile could file a pretrial and then he or she wins. Of course, this cannot be tolerated because it will make the concerned do anything. If this is allowed to occur, there will be inequality and even injustice because such persons are still given access to leeway.

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