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Febrie Adriansyah's Pre-trial: Legal Counsel Stresses Main Case Will Not Automatically Be Dismissed

| | Source: MEDIA_INDONESIA Translated from Indonesian | Legal
Febrie Adriansyah's Pre-trial: Legal Counsel Stresses Main Case Will Not Automatically Be Dismissed
Image: MEDIA_INDONESIA

The legal team of former Junior Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah has stressed that the pre-trial motion filed by their client is not aimed at dismissing the main case. The lawsuit was filed to examine and correct law enforcement procedures deemed problematic.

Febrie’s legal counsel, Febri Diansyah, stated that a pre-trial is a suspect’s right to test the validity of legal actions taken by authorities, not to determine whether the alleged criminal act in the main case is proven. He therefore asked that there be no concern if the judge grants Febrie’s pre-trial motion.

“So there is no need for concern because we see the issue being raised as if a granted pre-trial would make the main case disappear. No. That need not be worried about,” said Febri after the hearing at the South Jakarta District Court on Monday (24/8/2026).

According to Febri, if the judge declares the naming of a suspect, search, seizure, or other legal actions invalid, the ruling essentially corrects the procedure taken by the authorities. “What is cancelled or declared invalid is the procedure. There will still be an opportunity after this ruling for law enforcers to improve how they handle the main case,” he said.

Febri said his team wants to position the pre-trial case not merely as an effort to fight for Febrie Adriansyah’s interests. He believes the case is also a momentum to correct law enforcement practices so they are not carried out hastily or in violation of regulations. “That is, as an effort to straighten out and correct legal processes carried out unlawfully, hastily, or even seemingly forced,” he said.

He assessed the issue is important because if an official like Febrie can be processed in a way deemed to violate many provisions, similar potential could be experienced by other members of society. “If a Jampidsus can be subjected to a forced legal process that violates up to 40 regulations or provisions, then this is certainly dangerous if not corrected,” said Febri. “Many parties could become victims. That is why the basic principle we want to bring and fight for is not merely a procedural issue, but something far more fundamental,” he continued.

During the hearing, Febrie’s legal team also submitted concluding documents to sole judge Richard Edwin Basoeki of the South Jakarta District Court. In addition to the conclusions, they submitted the complete trial transcript and an evidence matrix.

In their conclusions, the legal team claimed to have found 40 sections of regulations or laws violated in the legal process against Febrie, both when the case was handled by the National Police and after it was taken over by the Attorney General’s Office. “So it is not one or two, but 40 laws and regulations. Including among them are Constitutional Court rulings, parts of their considerations or their verdicts,” said Febri.

He detailed that the alleged violations include one part of the constitution, 23 parts of the Criminal Procedure Code (KUHAP), two parts of the Criminal Code (KUHP), and four parts of the Money Laundering Law (TPPU). In addition, his team also noted four Constitutional Court rulings, a National Police Chief regulation, an Attorney General regulation, as well as provisions in the Government Administration Law and the Prosecution Service Law.

Furthermore, from the five coercive measures that are the object of the pre-trial, Febrie’s camp claims to have found at least 30 alleged violations of procedural law and the principle of due process of law. “The conclusions also detail one by one the five coercive measures carried out, so there are five coercive measures we included in the application, we detailed one by one with a total of 30 alleged violations of procedural law and the principle of due process of law,” he said.

Febri stressed that his party does not question the authority of law enforcers to process someone. However, that authority must be exercised in a lawful manner. “What kind of law enforcement do we expect if the way of enforcing the law violates rules, violates the constitution, laws, Constitutional Court rulings and internal regulations,” he asserted.

He hopes Febrie’s pre-trial case can become a precedent to improve law enforcement practices in the future. According to him, the goal of law enforcement cannot be a reason to ignore established procedures. “Our hope is that this can indeed become a strong precedent going forward if the ruling truly sees that law enforcement must not be carried out unlawfully,” he said.

The sole judge of the South Jakarta District Court is scheduled to read the verdict on Febrie Adriansyah’s pre-trial on Thursday (27/8/2026). Febri said his party will respect whatever decision the judge makes. “What we hope for is simple. That the judge can be clear-headed in deciding and that we truly intend this pre-trial process to correct, straighten out or improve the legal process that has occurred so far,” he concluded.

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