Roy Suryo's Case File Transfer Does Not Automatically Lead to Detention, Says Lawyer

Roy Suryo’s legal counsel, Ahmad Khozinudin, has stated that the stage two transfer of the suspect and evidence to the South Jakarta District Prosecutor’s Office (Kejari Jaksel) does not automatically result in detention. “We need to reiterate to law enforcement, especially the police institution, that in the stage two process, there is not a single article in the Criminal Procedure Code (KUHAP), neither the old nor the new, that mandates detention during this stage,” Khozinudin told reporters at the South Jakarta District Prosecutor’s Office on Monday. He emphasised that detention can only be carried out if there are subjective or objective elements from investigators, namely concerns about fleeing, destroying evidence, or committing another criminal act. Moreover, according to him, the subjective matters were found to be non-existent by the investigators. “These subjective matters have been confirmed by investigators as non-existent, proven by what? Since the beginning of their status as suspects, neither Roy Suryo nor Tifauziah Tyasuma have ever been detained. This confirms that there are indeed no concerns about either of them fleeing, destroying evidence, or committing the alleged criminal act,” Khozinudin stated. He further added that former Deputy Chief of the Indonesian National Police, Retired Commissioner General Oegroseno, acting as a mitigating expert for the suspects in the case of alleged defamation regarding the fake diploma of 7th President Joko Widodo, Roy Suryo and his co-defendant, has explained the KUHAP rules concerning the context of the transfer, namely that there is no authority to carry out detention. “Therefore, the official report on the transfer of detention from the Regional Police to the Prosecutor’s Office was not signed, was rejected, and is indeed irrelevant,” Khozinudin revealed. Consequently, the legal counsel stated that his client’s status is indeed that of a suspect, but in the context of the P21 transfer, the KUHAP states there is no norm regulating the obligation or even the authority for an investigator to carry out detention. Previously, the suspects in the alleged defamation and slander case related to the authenticity of the diploma of the 7th President of the Republic of Indonesia, Joko Widodo (Jokowi), Roy Suryo and Tifauzia Tyassuma (Doctor Tifa), arrived at the South Jakarta District Prosecutor’s Office wearing orange detainee shirts on Monday at 09:43 WIB to undergo the stage two file transfer.