UII Expert: Procedural Violation in Taking Amsal Away Before Prosecutors Arrive

JAKARTA — A legal expert from Universitas Islam Indonesia (UII), Prof. Hanafi Amrani, views the actions of the House of Representatives’ Commission III in removing defendant Amsal Sitepu from custody before the Public Prosecutor (JPU) arrived at the location as a violation of procedure and ethics. “I believe this is an ethical issue. Actually, it is the prosecutor’s office that carries out (the judge’s ruling on suspending detention),” said Prof. Hanafi. Although, he continued, Commission III of the DPR provided the guarantee for suspending Amsal Sitepu’s detention. However, the actions of the Commission III members cannot be justified. “Ethically, it cannot be done; it is not right,” he stated. Furthermore, Prof. Hanafi said, the actions of the Commission III members also constitute a procedural violation. Even if the judge has granted the suspension of detention, the authority to transfer or release the detainee lies with the prosecutor’s office. “Even if the DPR has good intentions, it’s just operational. But the release should still be carried out by the prosecutor’s office,” Prof. Hanafi emphasised. Previously, members of Commission III of the DPR took Amsal Sitepu away from custody because the judge had granted the suspension of detention. The judge ordered the prosecutor to implement this court decision. However, before the prosecutor arrived at the location, Amsal had already been taken away by members of Commission III of the DPR.