Febrie's Pre-trial: UGM Expert Says New Criminal Procedure Code Does Not Require Examination of Suspect Before Naming
The National Police presented Gadjah Mada University Professor of Criminal Law Markus Priyo Gunarto as an expert in the pre-trial hearing filed by former Deputy Attorney General for Special Crimes Febrie Adriansyah. Markus asserted that the new Criminal Procedure Code (KUHAP) does not require the examination of a prospective suspect.
“At the time Law Number 8 of 1981 was in force, there was Constitutional Court Decision Number 21 of 2014. In naming a suspect, the suspect was required to be examined. However, in Article 90 of the new KUHAP, the designation of a suspect is sufficiently based on two pieces of evidence. There is no obligation for law enforcement officials to examine the suspect first,” Markus said during the hearing at the South Jakarta District Court on Friday (21/8/2026).
Article 90 of the new KUHAP states: (1) The designation of a Suspect is carried out by an Investigator against a person suspected of committing a criminal offence based on a minimum of 2 (two) pieces of evidence.
Markus also said this is reinforced by the formulation of Article 92 of the KUHAP. He said investigators may even request assistance from the media and the public in locating a person who has been named a suspect.
“This means, because investigators may request assistance from the public and the media regarding the whereabouts of the suspect, the ‘S’ in suspect is written with a capital letter. The meaning is that the suspect is an authentic interpretation contained in Article 1, the definition of a suspect. So, it means that in the designation of a suspect, the person does not have to be physically examined first. Because the evidence in Article 92 can still be sought with the help of the public or the media,” he explained.
Article 92 of the new KUHAP states: In searching for a Suspect, the Investigator may request assistance from the media and the public to provide information regarding the whereabouts of the Suspect.
He also noted that the new KUHAP does not specifically regulate what constitutes the minimum two pieces of evidence in the designation of a suspect. He said the new KUHAP has also expanded what is included as evidence.
“It is possible because it does not specify what evidence is required, only two pieces of evidence. There is witness testimony, expert testimony, documentary evidence, and the knowledge of a judge. Now it has expanded further: everything obtained by lawful means. That is even broader. The important thing is the two pieces of evidence,” he said.
Previously, Febrie had been named a suspect in several cases. The cases involving Febrie were initially handled by the National Police. In its development, the National Police handed over the handling of Febrie’s cases to the Attorney General’s Office.
Initially, Febrie was named a suspect for alleged corruption and money laundering related to the ASABRI case. He was named a suspect together with a businessman named Don Ritto.
In addition, Febrie became a suspect in an alleged money laundering case related to the discovery of evidence in the form of 74 kg of gold and hundreds of billions of rupiah in cash. The Attorney General’s Office also named another suspect, Nurman Herin, in this case.
Furthermore, there is another investigation still being processed related to Febrie. The investigation concerns alleged corruption at PT Krakatau Steel and the procurement of coal for a steam power plant that resulted in a blackout.
Febrie objected and filed a pre-trial motion. He requested that the suspect designation and the seizures carried out in the investigation of his case be declared invalid.