Febrie Adriansyah's Pretrial Motion Could Nullify Asset Seizures

The pretrial motion filed by former Junior Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah at the South Jakarta District Court (PN Jaksel) will determine the fate of the investigation if the ruling is granted.

Trisakti University criminal law expert Abdul Fickar Hadjar assessed that if the judge grants the motion, legal actions in the form of searches and asset seizures would automatically be null and void. He stated that if this occurs, investigators from the Attorney General’s Office (Kejagung) would issue a new investigation order (sprindik) in pursuing the case.

“Of course, if the first sprindik is annulled, it can be pursued with a new sprindik,” said Abdul Fickar in his statement on Thursday (20/8).

According to him, if Febrie wins the pretrial motion and investigators still have sufficient supporting evidence, the assets could still be used as evidence.

“If there is sufficient supporting evidence, then the assets can serve as evidence,” he said.

Previously, the former Jampidsus Febrie Adriansyah’s camp cited around 30 alleged procedural violations in the legal process concerning alleged corruption and money laundering (TPPU) that has ensnared their client.

Febrie’s legal counsel, Febri Diansyah, explained that the alleged violations were found across five aspects that form the basis of the pretrial motion.

“We have identified around 30 alleged procedural violations across these five aspects,” said Febri after the pretrial hearing at the South Jakarta District Court on Tuesday (18/8).

He said the five aspects relate to the designation of a money laundering suspect without a clear predicate crime, the combining of the predicate offence with money laundering in a single investigation order (sprindik).

Additionally, there were searches, seizures, and suspect designation without examining the prospective suspect, as well as travel bans and the continuation of case handling at the Attorney General’s Office.

“So from these five aspects, we have identified indications of 30 violations of procedural law and due process principles. These 30 will certainly be tested further,” he said.

To that end, Febri said his team would prepare a number of experts for the next hearing to examine the alleged violations. Nevertheless, his team continues to respect the single pretrial judge presiding over the case.

“We greatly appreciate it and at the same time hope that this pretrial will indeed produce a good legal process for all,” he said.