Expert Says Febrie's Detention Remains Valid Despite Not Being Signed by Director of Investigations
Professor of Law at Al-Azhar University Indonesia, Suparji Ahmad, stated that the detention of former Junior Attorney General for Special Crimes, Febrie Adriansyah, remains valid despite not being signed by the Director of Investigations. He made the statement when presented by the Attorney General’s Office legal team during Febrie’s pretrial hearing at the South Jakarta District Court on Monday (24/8).
“The expert is of the opinion that, returning to Article 90 of the Criminal Procedure Code, it is clear that the person concerned is an investigator, therefore when signing a suspect determination or other coercive measures, it is legally valid,” he said.
He asserted that Febrie’s detention order signed by Zet Todung Allo as an investigator remains valid even though he is not the Director of Investigations of the Junior Attorney General for Special Crimes. Suparji explained that based on Article 90 of Law Number 20 of 2025 concerning the Criminal Procedure Code, investigators have the authority to designate a person as a suspect, carry out detention and seizure.
“As far as the expert’s knowledge goes, one source of authority is attributive, authority born from statutory provisions. Under Article 90, investigators have the authority to designate suspects and carry out other coercive measures, including detention or seizure,” he said.
On the other hand, he also stated that an investigation warrant is not included in the object of pretrial review. This is because an investigation warrant is part of the administrative document initiating an investigation process and is therefore not part of coercive measures.
Accordingly, he assessed that an investigation warrant cannot be tested in a pretrial forum as a mechanism to examine the legality of investigators’ actions in exercising their authority in accordance with statutory regulations and without violating human rights.
“An investigation warrant is not part of the object of pretrial review. The objects of pretrial review include coercive measures and examining the validity of termination of investigation, termination of prosecution, compensation, rehabilitation, then undue delay, delay in case handling without a clear legal reason,” he explained.
Previously, Febrie asked the sole judge of the South Jakarta District Court to annul the detention carried out by the Attorney General’s Office. This was conveyed by Febrie in the petition of the pretrial lawsuit filed with the South Jakarta District Court. Febrie also asked the judge to declare the detention order invalid and without binding legal force.
In his petition, Febrie challenged Detention Order Number PRIN-43/F/Fd.2/07/2026 dated 24 July 2026 issued against Febrie. His legal counsel asked the judge to declare the order invalid along with all its legal consequences.