Febrie Adriansyah's Pretrial Hearing Tests Administrative Procedure for Investigation Order
The pretrial hearing filed by former Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah at the South Jakarta District Court on Thursday (20/8) entered the agenda of hearing expert testimony regarding administrative procedures for investigations. Constitutional law expert from Tarumanagara University, Professor Rasji, provided his views on the governance of issuing Investigation Orders (Sprindik) by the Attorney General’s Office.
During the hearing, the discussion focused on Attorney General Regulation Number PER-009/A/JA/01/2011 concerning Administrative and Technical Governance for Handling Special Crimes. Febrie’s legal counsel, Febri Diansyah, questioned the limits of the Director of Investigation’s authority in signing the legal document.
Professor Rasji explained that the Director of Investigation’s authority is a derivation of the division of duties regulated in the Prosecution Law and further elaborated through the Attorney General Regulation. According to him, the Director has the authority to carry out investigations, including assigning personnel and signing investigation results in accordance with the mandate of the regulation.
Furthermore, the expert explained the importance of compliance with the principle of prudence in state administration. He assessed that every legal document issued by government institutions, including the Attorney General’s Office, must refer to officials who have legitimate attributive or delegative authority in order to have binding legal force.
The hearing aims to examine whether the seizure and search measures carried out by Attorney General’s Office investigators were in accordance with applicable formal procedures. The applicant focused on the legality aspect of the signing of the investigation order as the basis for further legal action.
As of the time this report was filed, the hearing was still ongoing to gather further testimony from experts to provide consideration for the judge in deciding the pretrial case.