Expert: Search in Febrie Adriansyah case can be justified

A Criminal Law expert from the University of Mataram, Ufran Trisa, assessed that the search action by the police in handling the case involving former junior attorney general for Special Crimes (jampidsus) Febrie Adriansyah can be justified. According to Ufran, the confidentiality of a search is necessary in cases involving high-ranking officials or those with extensive networks to prevent the loss of evidence or disruption to the investigation process, provided it is carried out based on lawful authority and in accordance with criminal procedure law. “The search action carried out suddenly can be justified as long as it is executed based on lawful authority and procedures,” Ufran said in a written statement received in Jakarta on Saturday. He assessed that if the search plan were known in advance, there would be a risk of electronic evidence being deleted, documents being destroyed, witnesses being influenced, or testimonies being aligned, which could hinder the verification process. Furthermore, he explained that the Constitutional Court Decision Number 21/PUU-XII/2014 regulates the importance of providing space for a potential suspect to give a statement. “It is not accurate to conclude that investigators are required to examine a person first before naming them a suspect in every case. The assessment must be adjusted to the characteristics of the case being handled,” he said. The purpose of examining a potential suspect, he continued, is not to provide an opportunity to eliminate evidence, but rather to give the person concerned space to explain the evidence that investigators have gathered, so that the process of naming a suspect is not carried out arbitrarily (abuse of power). In addition, Ufran stated that proving a Money Laundering (TPPU) case is not sufficient merely by finding assets of great value, but must also demonstrate the link between those assets and the predicate crime, as well as the existence of efforts to conceal or disguise the origin of the wealth.