Legal Expert Confident that Attorney General's Office Will Resolve Samin Tan Mining Case
The Attorney General’s Office (Kejagung) is considered to be in a strong position to resolve the alleged corruption case in Samin Tan’s mining operations. With the approach and evidence it possesses, Kejagung not only has the opportunity to ensnare suspects but also to expose the networks of parties behind them while recovering state losses.
Legal expert from Universitas Jenderal Soedirman, Hibnu Nugroho, stated that Samin Tan’s escape from the Corruption Eradication Commission’s (KPK) legal snare through pre-trial proceedings does not hinder Kejagung from continuing the legal process.
He explained that in handling legal cases, each law enforcement agency focuses on its own subject and object. “It is possible that the subject is the same, namely Samin Tan, but the object could be different. Similarly, the evidence could also differ,” said Hibnu.
According to him, Kejagung has ample room and a strong basis for proof in designating suspects. “Each institution has a different perspective. The prosecution has its own accurate evidence, in accordance with the locus and tempus (place and time of the criminal act) that exist,” he said.
Hibnu is confident that Kejagung will be able to prove its charges against Samin Tan. Indeed, Kejagung is also expected to be able to implicate other parties connected to this corruption. “Moreover, this is a mining case, so the potential for backers will be uncovered. Because mining issues are not trivial matters that usually have backers,” explained this lecturer from the Faculty of Law at Unsoed.
According to Hibnu, the greatest challenge in law enforcement lies in the courage to expose the powerful actors behind the main perpetrators. “Processing the law down to its roots,” he emphasised.
Kejagung’s step of starting with the collection of an administrative fine amounting to Rp 4.2 trillion is considered an appropriate strategy in handling the case. “Criminal resolution is the ultimate remedy (last resort), which is correct. If the demand for prosecution is delayed, criminal proceedings must proceed. So if the administrative fine does not work, then the criminal process will proceed,” he said.
Through the criminal route, Kejagung is also seen to have a great opportunity to recover state losses, including through the seizure of assets belonging to Samin Tan if he is proven guilty.