The legal team of former Junior Attorney General for Special Crimes\n(Jampidsus) Febrie Adriansyah has stressed that the pre-trial motion\nfiled by their client is not aimed at dismissing the main case. The\nlawsuit was filed to examine and correct law enforcement procedures\ndeemed problematic.<\/p>\n
Febrie\u2019s legal counsel, Febri Diansyah, stated that a pre-trial is a\nsuspect\u2019s right to test the validity of legal actions taken by\nauthorities, not to determine whether the alleged criminal act in the\nmain case is proven. He therefore asked that there be no concern if the\njudge grants Febrie\u2019s pre-trial motion.<\/p>\n
\u201cSo there is no need for concern because we see the issue being\nraised as if a granted pre-trial would make the main case disappear.\nNo.\u00a0That need not be worried about,\u201d said Febri after the hearing at the\nSouth Jakarta District Court on Monday (24\/8\/2026).<\/p>\n
According to Febri, if the judge declares the naming of a suspect,\nsearch, seizure, or other legal actions invalid, the ruling essentially\ncorrects the procedure taken by the authorities. \u201cWhat is cancelled or\ndeclared invalid is the procedure. There will still be an opportunity\nafter this ruling for law enforcers to improve how they handle the main\ncase,\u201d he said.<\/p>\n
Febri said his team wants to position the pre-trial case not merely\nas an effort to fight for Febrie Adriansyah\u2019s interests. He believes the\ncase is also a momentum to correct law enforcement practices so they are\nnot carried out hastily or in violation of regulations. \u201cThat is, as an\neffort to straighten out and correct legal processes carried out\nunlawfully, hastily, or even seemingly forced,\u201d he said.<\/p>\n
He assessed the issue is important because if an official like Febrie\ncan be processed in a way deemed to violate many provisions, similar\npotential could be experienced by other members of society. \u201cIf a\nJampidsus can be subjected to a forced legal process that violates up to\n40 regulations or provisions, then this is certainly dangerous if not\ncorrected,\u201d said Febri. \u201cMany parties could become victims. That is why\nthe basic principle we want to bring and fight for is not merely a\nprocedural issue, but something far more fundamental,\u201d he continued.<\/p>\n
During the hearing, Febrie\u2019s legal team also submitted concluding\ndocuments to sole judge Richard Edwin Basoeki of the South Jakarta\nDistrict Court. In addition to the conclusions, they submitted the\ncomplete trial transcript and an evidence matrix.<\/p>\n
In their conclusions, the legal team claimed to have found 40\nsections of regulations or laws violated in the legal process against\nFebrie, both when the case was handled by the National Police and after\nit was taken over by the Attorney General\u2019s Office. \u201cSo it is not one or\ntwo, but 40 laws and regulations. Including among them are\nConstitutional Court rulings, parts of their considerations or their\nverdicts,\u201d said Febri.<\/p>\n
He detailed that the alleged violations include one part of the\nconstitution, 23 parts of the Criminal Procedure Code (KUHAP), two parts\nof the Criminal Code (KUHP), and four parts of the Money Laundering Law\n(TPPU). In addition, his team also noted four Constitutional Court\nrulings, a National Police Chief regulation, an Attorney General\nregulation, as well as provisions in the Government Administration Law\nand the Prosecution Service Law.<\/p>\n
Furthermore, from the five coercive measures that are the object of\nthe pre-trial, Febrie\u2019s camp claims to have found at least 30 alleged\nviolations of procedural law and the principle of due process of law.\n\u201cThe conclusions also detail one by one the five coercive measures\ncarried out, so there are five coercive measures we included in the\napplication, we detailed one by one with a total of 30 alleged\nviolations of procedural law and the principle of due process of law,\u201d\nhe said.<\/p>\n
Febri stressed that his party does not question the authority of law\nenforcers to process someone. However, that authority must be exercised\nin a lawful manner. \u201cWhat kind of law enforcement do we expect if the\nway of enforcing the law violates rules, violates the constitution,\nlaws, Constitutional Court rulings and internal regulations,\u201d he\nasserted.<\/p>\n
He hopes Febrie\u2019s pre-trial case can become a precedent to improve\nlaw enforcement practices in the future. According to him, the goal of\nlaw enforcement cannot be a reason to ignore established procedures.\n\u201cOur hope is that this can indeed become a strong precedent going\nforward if the ruling truly sees that law enforcement must not be\ncarried out unlawfully,\u201d he said.<\/p>\n
The sole judge of the South Jakarta District Court is scheduled to\nread the verdict on Febrie Adriansyah\u2019s pre-trial on Thursday\n(27\/8\/2026). Febri said his party will respect whatever decision the\njudge makes. \u201cWhat we hope for is simple. That the judge can be\nclear-headed in deciding and that we truly intend this pre-trial process\nto correct, straighten out or improve the legal process that has\noccurred so far,\u201d he concluded.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/febrie-adriansyahs-pre-trial-legal-counsel-stresses-main-case-will-not-automatically-be-dismissed-1787579431", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }