South Jakarta District Court Rejects Pretrial Lawsuit by KPK Detention Center Head Achmad Fauzi

In his consideration, Agung mentioned that the arguments put forward by the applicant, who accuses himself of being named a suspect before being interrogated by the KPK investigator, should be set aside. Because the judge considered that the KPK investigator had issued a Springlidik letter, so the handling of the case was legitimate.

The Corruption Eradication Committee (KPK) has also asked for information from Fauzi, detention center officers, detainees and convicts in corruption cases.

"The judge has stated that the investigator conducted a lawful investigation based on Sprinlidik, which is an order from the respondent's leadership to a number of investigators to investigate alleged corruption in the KPK detention center from 2021-2023," said Agung.

Also read: KPK Prison Head Achmad Fauzi Allows Illegal Taxes

The judge also considered that the KPK investigators, as the respondent, had conducted an investigation against Fauzi in the preliminary investigation stage, and the applicant's statement as a potential suspect was recorded in the examination report.

"The respondent has also asked for information from a number of people related to the caseaquo including the applicant and each of them has been included in the investigation report (BAP)," he said.

The parties explaining about allegations of corruption offenses involving the applicant include prison officers, detainees or inmates, or other relevant parties.

Also read: As a result of extortion cases, two KPK detention centers are deactivated

KPK investigators have also obtained preliminary evidence in the form of letters or documents and clues in the form of electronic documents or items that have been recorded in the letter of acknowledgement of document delivery or money as stipulated in Article 75 of the Criminal Procedure Code (KUHAP).

"The investigator in this case has requested expert testimony. The investigator has also compiled a report on the criminal incident, in which there is sufficient preliminary evidence about the crime committed by the applicant," he said.

In addition, the judge also stated that before the respondent declared the applicant a suspect and started an investigation, the KPK had conducted a legitimate inquiry. During the investigation process, the respondent obtained sufficient preliminary evidence, namely at least two pieces of evidence regarding the occurrence of corruption committed by the applicant.

"Furthermore, in the investigation process the respondent has examined a number of witnesses as outlined in the investigation report," said Agung.

Also read: From Billions of Rupiah in Extortion to Immoral Actions by KPK Prison Employees

With the above considerations, the applicant's argument which states that the respondent named the applicant as a suspect without first examining witnesses or sufficient evidence regarding the alleged criminal acta quomust be ruled out.

"Based on the description above, the judge is of the opinion that the decision to declare the application as a suspect by the respondent is based on sufficient preliminary evidence, which is two legitimate pieces of evidence according to Article 184 Paragraph (2) of the Criminal Procedure Code," he said.

Contacted separately, the Head of the KPK News Section, Ali Fikri, did not respond when asked to provide a response to the pretrial decision Head of the KPK Detention Center was inactive.

Previously reported, Fauzi was a civil servant from the Ministry of Law and Human Rights (Kemenkumham) who was deployed to the Corruption Eradication Commission (KPK) under the scheme of government employees being employed. He was named a suspect along with other employees, namely Ari Rahman Hakim, Agung Nugroho, and Eri Angga Permana.

They are suspected of collecting bribes from corruption case detainees along with dozens of prison officials at the Corruption Eradication Commission with a value reaching Rp 6.3 billion from 2019 to 2023.

Also read: Detention of 15 Extortion Suspects at KPK Detention Center Becomes Dark Day for Eradicating Corruption

The money is distributed in different amounts according to position. Achmad Fauzi receives regular deposits of around IDR 10 million every month. For their actions, the suspects were charged under Article 12 Letter e of the Corruption Eradication Law juncto Article 55 Paragraph (1) 1st of the Criminal Code.

Also read: Stories and Codes Behind the Extortion of KPK Prison Employees against Prisoners

The detention of a total of 15 suspects who were suspected of extorting detainees at the KPK branch detention center was sharply criticized because KPK employees are supposed to maintain anti-corruption morals and integrity. Former KPK investigator Yudi Purnomo Harahap said that the detention of 15 suspects who were detained by the KPK because they were suspected of committing corruption while working at the KPK detention center was the darkest day in the eradication of corruption.

"How could this happen? When they work as KPK officials, who should be the guardians of moral and anti-corruption integrity, they actually become perpetrators of corruption," Yudi said in a written statement on Saturday (March 16, 2024).