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🇮🇩 Indonesia /Crime & Justice

Attorney General's Office Still Reviewing Acquittal Verdict for 8 Bank Executives in Sritex Case

From Tempo · (3h ago) Indonesian

Translated from Indonesian, summarized and contextualized by DistantNews.

TLDR

  • The Attorney General's Office (Kejagung) is considering an appeal against the acquittal of eight bank executives in the PT Sritex credit misuse corruption case.
  • Kejagung argues that the case, tried under the old Criminal Procedure Code (KUHAP), still allows for appeals against acquittal verdicts, unlike the new KUHAP which prohibits appeals for acquittals.
  • The defense, however, contends that the new KUHAP should apply, preventing any appeal, creating a legal debate over which procedural code governs the case.

The Attorney General's Office (Kejagung) is actively exploring its legal avenues following the Semarang District Court's decision to acquit eight bank executives implicated in the PT Sritex credit misuse case. Despite the acquittals, Kejagung maintains that the legal framework, specifically the old Criminal Procedure Code (KUHAP), still provides grounds for an appeal. This stance highlights a critical legal debate regarding the application of transitional justice principles when new legislation is enacted.

Kejagung's position is rooted in specific articles of the old KUHAP, which permit appeals against acquittals. This contrasts sharply with the new KUHAP, which generally bars appeals for those found not guilty. The office's assertion that the case falls under the purview of the old code, due to its stage of proceedings before the new law took effect, underscores the complexities of legal transitions. The distinction between an acquittal and a release from all charges is also a key point of contention, as the new KUHAP allows for appeals in the latter scenario.

Masih pakai yang lama, masih ada waktu untuk upaya hukum

— Anang SupriatnaHead of the Legal Information Center at the Attorney General's Office, explaining the office's stance on the possibility of appeal.

Conversely, the defense team argues for the application of the new KUHAP, asserting that all proceedings should now adhere to its stipulations. This divergence in interpretation creates a significant legal hurdle. The outcome of this dispute will not only affect the Sritex case but could also set a precedent for how similar cases are handled in Indonesia, particularly concerning the retroactive application of legal reforms. The public will be watching closely to see how the Kejagung navigates this intricate legal landscape.

Sesuai KUHAP harus pakai KUHP dan KUHAP baru

— Dodi S. AbdulkadirLegal counsel for one of the acquitted former bank directors, arguing for the application of the new Criminal Procedure Code.
DistantNews Editorial

Originally published by Tempo in Indonesian. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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