MAKI Slams Hotman: Which Rule Requires Presidential Permission to Name Febrie a Suspect?

The Coordinator of the Indonesian Anti-Corruption Society (MAKI), Boyamin Saiman, has criticised a statement by Hotman Paris Hutapea, the lawyer for former Junior Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah, who claimed that naming his client a suspect required permission from the President. Boyamin assessed that Hotman does not understand the law.

“That shows Hotman Paris does not understand the law. Where is the rule that naming Febrie a suspect requires the president’s permission?” Boyamin told reporters on Saturday (18/7/2026).

Boyamin challenged Hotman to specify the regulation that explicitly states a suspect determination for a junior attorney general requires presidential approval. “Which rule? Where in the Criminal Procedure Code (KUHAP)? Where in the Criminal Code (KUHP)? Which one regulates that naming a junior attorney general as a suspect requires the president’s permission? Is there one? This is making up his own rules, his own criminal procedure law,” he said.

He explained that the Constitutional Court (MK) ruling Number 15 of 2025 has firmly “amputated” a prosecutor’s immunity. He noted that even under previous regulations, the examination of a prosecutor required permission from the Attorney General, not the President. “Based on that ruling, examinations are exempted for crimes punishable by death, crimes against state security, and specific criminal offences,” Boyamin explained. “Specific criminal offences include corruption. Under the old Prosecutors’ Law before the MK ruling, it required written permission from the Attorney General, not the president.”

Nevertheless, Boyamin said he understood Hotman’s defence of his client, viewing such efforts as normal for an advocate. “He can defend him in various ways, legal, political, or social. That’s fine. It’s part of Hotman’s tactics to defend FA,” he said. “I respect it and allow it. I don’t forbid it. It’s a tactic, and even dramatising it is allowed.”

However, Boyamin hopes that the defence will remain focused on the legal issues at hand. He stated that the most crucial point is for the legal team to explain the discovery of evidence amounting to trillions of rupiah and 74 kilograms of gold. “The most crucial thing is the money, nearly half a trillion, and 74 kilograms of gold. How can that be explained so the public can accept it with simple logic?” he said.

He noted that the findings have become a source of public ridicule, especially with the emergence of changing statements. “Starting from the evidence which was initially said to be for port construction, then changed to being for a foundation’s interests. Then the ownership of a house in Sentul, which Febrie initially acknowledged as his, then changed to belonging to his in-laws,” Boyamin added.

He also cited examples where both the Attorney General’s Office and the Corruption Eradication Commission (KPK) have previously arrested and named minister-level officials as suspects without presidential permission. “In fact, the KPK once arrested a minister, also without the president’s permission. The Attorney General’s Office also arrested and detained a minister, and there is no rule requiring the president’s permission,” he explained.

Boyamin suggested that the term “permission” used by Hotman might be more accurately interpreted as a matter of etiquette. He expressed confidence that President Prabowo Subianto fully supports anti-corruption efforts. “If the evidence is sufficient, then they are a suspect,” he said. “The proof is, if the president did not approve, he would have ordered the case to be closed, not transferred it to the Attorney General’s Office. That is clear.”

Previously, Hotman had claimed that the case against Febrie was a criminalisation. He stated he did not expect payment from his client, acknowledging his fees are “super expensive” in Indonesia. Hotman revealed his reason for defending Febrie, citing his long-standing relationship with President Prabowo Subianto as a loyal client for 25 years. He said Febrie was a source of pride for the President for recovering state assets totalling IDR 430 trillion. “Imagine, a person who is the pride of the President is suddenly criminalised without permission from the President,” Hotman had said.