Attorney General's Office has officially set a corruption convict Commissioner-General (Ret.) Susno Duadji enter the search list (DPO). Former Police Kabareskrim that until now was not known to exist and the search party AGO.

Attorney General's Office has officially set a corruption convict Commissioner-General (Ret.) Susno Duadji enter the search list (DPO). Former Police Kabareskrim that until now was not known to exist and the search party AGO.

"To him the summons has been done legally and worth. Which means de facto that question has become a fugitive," wrote Deputy Attorney General DARMONO via text message received Kompas.com, Monday (29/04/2013) morning.

Darmono said, now he is also not aware of the existence Susno. Attorney assisted Resmob team of City Police had visited the residence Susno in Cinere, Depok, and his family in the Kebayoran Baru, South Jakarta, Sunday (04/28/2013). However, no Susno in place.

The existence of a mysterious Susno

On Friday (26/04/2013), the prosecutor also track the whereabouts Susno. After the failed execution attempt in London, whereabouts unknown.

"Yes, in fact it's still in the search. Estimated between Jakarta and Bandung-lah," said Darmono, last Friday.

Darmono confirmed, it will still execute the corresponding command Susno legislation. He hoped, after the Attorney General Basrief Arief coordinate with National Police Chief Gen. (Pol) Pradopo East, further execution can run smoothly.

Meanwhile, attorney Susno Duadji, Word Wijaya, conceal the existence of his clients who mysteriously disappeared. Word argued that his client was still in the protection of the Witness and Victim Protection Agency (Agency).

"Currently, (Susno) is still in the protection of the Agency," the Word of claims in an interview with Reuters afternoon, Friday (26/04/2013).

Word adds, retired three-star general is psychologically insecure pick-linked plan forced by the Prosecutor.

The execution process is a follow up after the Supreme Court rejected an appeal Susno. With this verdict, the verdict according Susno locked up the South Jakarta District Court, which is three years and six months. Susno judges found guilty in corruption case PT Salmah Arowana Lestari and corruption of election security in West Java.

He was three times did not meet the call execution South Jakarta District Court. Susno stated, he can not be executed for various reasons. First, he stated the decision of the Supreme Court (MA) which does not include the refuse kasasinya restraining order three years and six months in prison.

Supreme Court rejected the appeal in writing only and charge a court fee of Rp 2,500 to the defendant. The second reason, Susno judge that the High Court decision was legally flawed because one writes the numbers in the South Jakarta District Court. With a series that argument, Susno considers the case has been completed.


Joint prosecution team failed to make the execution of former Police Chief of Criminal Investigation Police Commissioner General (Ret.) Susno Duadji, Wednesday (24/04/2013) and then, at his residence, Dago Pakar, Bandung regency, West Java. Susno, which is entangled in corruption cases, adamant about not executed.

Most common reason given rejection Susno and his legal team is no arrest warrant inclusion in the ruling issued by the Supreme Court appeal. According to Susno, the decision was null and void because it did not contain an execution order. A similar argument was also presented the former Minister of Justice, who is also Chairman of the Shura Council of the Crescent Star Party, Yusril Ihza Mahendra. However, opinions differ delivered a number of legal practitioners, and the Chairman of the Constitutional Court Akil Mochtar. How to see the debate on the issue sitting Susno execution? Actually, he could be executed?

The root of the debate

The legal arguments used Susno is the provision of Article 197 paragraph (1) letter k Act No. 81 of 1981 of the Code of Criminal Procedure. The article states that the provisions of criminal letters must include orders that the defendant be detained, remains in custody, or released. Susno parties interpret, in accordance with Article 197 paragraph 2 of the decision null and void if not load command execution.

Article 197 Paragraph (1) The Code of Criminal Procedure letter k material ever tested in the Constitutional Court. Petition filed by Riduansyah Parlin. At that time, Izha Yusril Mahendra acted as its legal counsel.

In a ruling that was read on 22 November 2012, the Court argued, is mentioned in the explanation of the Criminal Code, in case of mistakes or errors in the writing of offenses set forth in Article 197, it does not lead to the cancellation of the decision by law. As a servant of God who is not perfect, according to the Court, the judge may make mistakes, whether intentional or unintentional.

"It is very ironic, that the defendant was found guilty and sentenced to be executed and its decision not only because it does not include a requirement that the defendant be detained or remain in custody or be released," the decision of the Court.

The Court also believes, if his case is not widespread impact as an insult, may not be too detrimental to the public interest if the decision is declared null and void. However, if his case as far-reaching corruption, but it should be null and void, the opinion of the Court, then the decision will hurt the public's sense of justice.

Variety of opinions

A number of the start of the Chairman of the Constitutional Court Akil Mochtar, former Chief Justice Mahfud MD, and Jimly Asshiddiqie also give opinions. What they said about the pros and cons on the interpretation of the Code of Criminal Procedure Article 197?

1. Chairman of the Constitutional Court Akil Mochtar

Responding to the pros and cons about the interpretation of Article 197, the Chairman of the Constitutional Court Akil Mochtar said, it does not include Article 197 Paragraph (1) Criminal Procedure Code in the ruling of the former Head of the Criminal Investigation Police Commissioner-General (Ret.) Susno Duadji not necessarily going to cancel the execution process against him. If interpreted that way, according to him, all convicted in the case law will ask for release from prison.

"He's definitely going to take a lawyer to win his client's corner. If the opposite assumption, that first off all the dong," Akil said when met at the Constitutional Court, on Thursday (04/25/2013).

Akil said the decision taken by the Supreme Court is legally enforceable (in kracht). Therefore, it is natural that the prosecutor exercised against Susno, which become convicted of corruption cases PT Salmah Arowana Lestari and securing funding corruption elections in West Java in 2008.

"The verdict is final and binding it must be run as the verdict was not just the ruling, but also judgment," he said.

2. Former Chief Justice Mahfud MD

Former Chief Justice Mahfud MD asserted, there is no multi-interpretation of Article 197 of the Criminal Procedure Code. According to him, there is nothing blocking the prosecutor to execute kasasinya Susno after the Supreme Court rejected.

"There are multiple interpretations, differing only by Yusril," said Mahfud, Saturday (09/03/2013).

He said, in a judicial decision on the proposed Parlin Riduansyah, the Court does not enact new laws. Thus, the case before the Constitutional Court's decision can be executed prosecutor, including Susno Duadji.

3. Former Chief Justice Jimly Asshiddiqie

Meanwhile, former Chairman of the Constitutional Court Jimly Asshiddiqie also argued, prosecutors should not be affected by a variety of interpretations that developed against the execution Susno. He asserted, execution can be done Susno appeal filed after the Supreme Court rejected.

"Must be implemented at this minute? For state officials, do not hesitate. Nickname eye on all the existing debate, that there would be no end it. Do not listen to the people to interpret the law as they wish," said Jimly, when contacted on Thursday (25/04/2013) night.

According to him, the absence of a restraining order in a ruling of the Supreme Court decision does not diminish the substance of the decision. "But, it does not reduce substance. Whereas there are errors colon, comma, it's a lot going on," he said.

"If it gets technical issues in question, prosecutors must remember how much those who have no such power Susno should be punished for mistakes semicolon," said Jimly.

Despite its many shortcomings, Jimly affirmed, the Supreme Court decision should be implemented and respected. "For those who are not satisfied, do not have a lot of commentary on the outside, just debate in the courts," he said.

4. Legal practitioners Todung Mulya Lubis

Legal practitioners assess Todung Mulya Lubis, the Supreme Court's decision is clear. Although it does not include an order to arrest Susno, the Supreme Court decision is final corroborate previous court ruling that declared Susno guilty and was sentenced to three years and six months in prison.

South Jakarta District Court previously stated Susno guilty in two cases, namely the handling of cases of PT Salmah Arowana Lestari worth Rp 500 billion and securing funding case Jabar Election 2008 worth Rp 8 billion as a West Java Police chief.

"Because even though there is no word detention, orders Supreme Court has previously upheld the ruling. So, legally, that is final and previous court decisions have affirmed. Detention without a word, for me, there should be no debate about this," said he argued.

Execution Susno

After failing to execute Susno, the prosecutor will go back to reschedule the execution process. However, Deputy Attorney General Darmono said, prosecutors now do not know for sure where Susno. AGO suspect, Susno was in Jakarta or Bandung, West Java.

"Yes, in fact it's still in the search. Estimated between Jakarta, Bandung was," said Darmono, in Jakarta, Friday (26/04/2013).

Darmono confirmed, it will still execute the corresponding command Susno legislation. He hoped, after the Attorney General Basrief Arief coordinate with National Police Chief Gen. Timur Pradopo, further execution can run smoothly.

Meanwhile, attorney Susno Duadji, Word Wijaya, conceal the existence of his clients who mysteriously disappeared. Word argued that his client was still in the protection of the Witness and Victim Protection Agency (Agency).

"Currently, (Susno) is still in the protection of the Agency," the Word of claims in an interview with Reuters afternoon, Friday (26/04/2013).

Word adds, retired three-star general is psychologically insecure pick-linked plan forced by the prosecutor.

How to end the execution of the general pros and cons? Clearly, President Susilo Bambang Yudhoyono has also spoke. Coming home from the trip to four countries, on Friday (26/04/2013), the President admitted directly ask for a report from Police Chief Gen. (Pol) East Pradopo and Attorney General Basrief Arief related Susno execution failure.

"From what was reported, I was instructed brief, enforce the law of the fairest and in truth," said the President, during a press conference held after the meeting is limited.

The President said, people want the rule of law and justice. The people also want the government, especially the police and prosecutors, can carry out their duties properly.

"That's what my point was. Rest, of Chief of Police and Attorney General can describe and execute it," the president said.