Parliament: Transition to House Arrest Must Be Selective
A request from several corruption suspects to be transferred to house arrest is deemed unable to be fulfilled arbitrarily. Member of Commission III of the House of Representatives, Soedeson Tandra, emphasised that the detention mechanism is clearly regulated in the KUHAP and must be implemented strictly, especially for corruption cases.
According to him, the rules in the latest KUHAP no longer solely depend on the discretion of investigators, but combine objective and subjective conditions in determining detention status. Therefore, every application for a change in status must be examined seriously.
“If the detention issue is already regulated in our new KUHAP. The new KUHAP has many more requirements. Previously, it was only subjective discretionary requirements from investigators. But now there are objective and subjective requirements,” he said when contacted on Friday (27/3).
He assessed that the polemic of granting house arrest to the former Minister of Religious Affairs is an important lesson. That case triggered criticism because it was deemed to inadequately consider the weight of the corruption case as a serious crime.
“Then, the issue of detention for the former religious affairs minister has also been criticised. It must be selective. Because this also concerns corruption cases which are the common enemy of the nation,” said Soedeson.
He emphasised that in principle, every suspect has the right to apply for a change in detention status. However, the final decision remains with the law enforcement apparatus which must adhere to applicable rules.
“So, anyone can apply for a transfer request, but the KPK will follow the rules already regulated in the KUHAP, so the house arrest issue should be very selective,” he stated.
He stressed that humanitarian reasons are the main factor that can be considered, such as advanced age or serious health conditions. Beyond that, applications should not be easily granted.
In the context of the request from the inactive Governor of Riau, Soedeson questioned the basis of the submission. Without strong reasons, he deemed there is no urgency to change the detention status.
“What is the reason for the inactive Riau Governor? So there is no reason that can be fulfilled for him to have his detention status transferred,” he said.
He reminded that inconsistency in the application of detention policies could potentially damage public sense of justice. Therefore, the KPK is asked to be more cautious in not easily granting leniency.
“It must be selective. Because this is a criminal act that is the common enemy of our nation. So it must be selective. If there is no special need, then don’t. This must consider the sense of justice towards society,” he concluded.