Law and Human Rights Deputy Minister Sold Termination of Police Investigation, Alleges Anti-Graft Agency: Example of Legal Industry Mafia

By Syakirun Ni’am and Sabrina Asril, for Kompas.com – Dec 8, 2023, 08:07 Local Time

JAKARTA, KOMPAS.com – Indonesia’s Corruption Eradication Commission (KPK) suspects former Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej, known as Eddy, allegedly has connections with the Criminal Investigation Agency at Indonesian National Police headquarters.

The Corruption Eradication Commissions Deputy Head, Mr. Alexander Marwata, claims that this network enabled Deputy Minister Eddy Hiariej to promise Mr. Helmut Hermawan a way out of his criminal case and obtain an Investigation Termination Order (known locally by the acronym SP3).

However, the authority to issue such orders lies with the police not the Deputy Minister of Law and Human Rights. “Perhaps due to a close relationship with the National Police Criminal Investigation Agency or its investigators, it’s possible. In many cases, it happens,” Alex told journalists on Friday (8/12/2023).

“Despite lacking the authority to issue investigation termination orders, if you have links or good relations with the relevant parties, everything is possible in that regard,” he continued.

According to Alex, anyone can manipulate and influence legal processes in law enforcement agencies, provided they have the financial means. In judicial settings, for instance, a lawyer can sway a judge to condition a particular verdict.

“This is what’s known as the “legal industry mafia” (mafia hukum), or similar terms; these occurrences are indeed prevalent,” Alex stated.

Alex revealed that legal proceedings are not solely determined by the law enforcement agencies handling a case. The enforcement of the law is at times influenced by individuals without the authority, or those outside the relevant institutions.

“As long as there’s a price and agreement, things like these occur,” Alex added.

Mr. Helmut is the CEO of the company PT Citra Lampia Mandiri, a nickel mining company currently embroiled in an ownership dispute. Mr. Helmut was apprehended by the Special Criminal Investigation Directorate of the South Sulawesi Regional Police on February 22. He was named a suspect in an alleged crime related to a holder of a Mining Business License (IUP).

It is alleged that to obtain an order to terminate the investigation, Mr. Helmut paid approximately Rp 3 billion to Deputy Minister Eddy.

“With the handing over of an amount around Rp 3 billion ($US200,000),” Alex stated. Mr. Helmut’s alleged contact with Deputy Minister Eddy began when the entrepreneur sought legal advice in relation to dealings with the Ministry’s General Legal Administration (AHU) directorate general. He was then recommended to contact Deputy Minister Eddy. A meeting allegedly was subsequently held at Eddy’s official residence in April 2022, attended by his personal assistant Mr. Yogi Arie Rukmana, and lawyer Mr. Yosi Andika Mulyadi.

Deputy Minister Eddy then allegedly assigned Yogi and Yosi to handle the matter. “The agreed-upon fee for Helmut to give Eddy was around Rp 4 billion ($US267,000),” Alex stated.

In this case, the Corruption Eradication Commission suspects that Deputy Minister Eddy and two of his subordinates received bribes and gratuities totalling Rp 8 billion ($US533,000) from Mr. Helmut.

Another Rp 1 billion was allegedly given by Helmut to Eddy for personal purposes. This money is suspected to have been used by Eddy for the expenses related to his candidacy for the position of Chairman of the Indonesian Tennis Association’s Central Executive Board (PP Pelti).

Subsequently, the Corruption Eradication Commission named Mr. Helmut a suspect for alleged bribery.

Meanwhile, Deputy Minister Eddy, Mr. Yogi, and Mr. Yosi were named as suspects for allegedly accepting bribes and gratuities.

The Commission has detained Mr. Helmut starting tonight for the next 20 days.

This article is based on https://nasional.kompas.com/read/2023/12/08/08075391/wamenkumham-janjikan-terbit-sp3-di-bareskrim-kpk-inilah-mafia-hukum.

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