Febrie Adriansyah Challenges Suspect Status, Expert Says Ruling Will Test Investigation's Validity

Criminal law expert from Trisakti University, Abdul Fickar Hadjar, stated that the pretrial motion filed by former Deputy Attorney General for Special Crimes (Jampidsus), Febrie Adriansyah, is a crucial moment to test the validity of the legal process conducted by investigators. According to Fickar, the pretrial mechanism is a constitutional right of every suspect to ensure that all actions by law enforcement officers comply with legal procedures. “Pretrial is the right of every suspect to test the validity of the legal process carried out by law enforcement officers,” Fickar told Media Indonesia on Thursday (6/8). He further explained that the scope of the pretrial not only examines the suspect designation but also various coercive measures undertaken by investigators, ranging from summons, detention, searches, to the seizure of evidence. “Through this mechanism, the court will assess whether the investigators’ actions were in accordance with the law or violated it. This pretrial is a forum to test the validity of coercive efforts in the legal process,” he said. Fickar explained that the judge’s decision in the pretrial hearing will determine the direction of the case. If the petition is granted, the entire legal process against Febrie will be nullified, and investigators cannot continue the case based on the existing process. “If the petition is granted, the legal process is void. Unless investigators restart the investigation from scratch according to valid procedures,” he clarified. Conversely, if the judge rejects the pretrial motion, the legal process will continue to the trial stage at the Corruption Court. “If the pretrial is rejected, the investigation of the case will proceed smoothly to the main trial at the Corruption Court,” Fickar stated. In the main trial, prosecutors will present evidence, witnesses, and experts to prove the charges against Febrie Adriansyah. Thus, the pretrial becomes a crucial stage that determines whether the case will proceed to trial or must be repeated from the investigation stage. Previously, Febrie Adriansyah’s legal team officially submitted a pretrial petition to the South Jakarta District Court through the One-Stop Integrated Service (PTSP) on Wednesday (5/8). Febrie’s attorney, Firman Wijaya, stated that the petition was filed to test the validity of the suspect designation and detention carried out by the Attorney General’s Office against his client. “Today we have officially registered the pretrial petition. There are two main things we are testing, namely the suspect designation and the detention of our client, which we consider invalid,” Firman said at the South Jakarta District Court. Firman also emphasised that his team found several irregularities in the investigation procedures conducted by the Attorney General’s Office. One of the issues raised was the use of an article that, according to them, is no longer valid as the basis for naming Febrie Adriansyah a suspect.