“THE POLRI CONDUCTED UNAUTHORIZED APPLICATION FOR ASSISTANCE OF THE FBI WHICH IS IN AN EXTENSION IN NATURE, SO IT SHOULD BE DETACHED AND NOT BUILD A NEW CASE TO CONDUCT CONTROL OF SUCH REQUEST.”

EQUANIMITY LTD Vs Indonesian Police Criminal Investigation Agency Directorate of Economic and Special Crimes

The petitioner objected to the actions of the respondent who had confiscated the applicant’s assets in the form of a cruise ship in connection with the alleged crime of money laundering that occurred in the United States with the predicate crime in the form of a criminal act of corruption that occurred in Malaysia.

Looking at the purpose of the confiscation in the existing rules, it can be seen that if the National Police confiscates a request for assistance, then the National Police should only be an extension of the FBI to carry out the confiscation and not build a new case to carry out the confiscation at the request, because basically the procedure for carrying out the confiscation at the request assistance with procedures for building new cases is different, if the National Police confiscates it to help other countries then what applies is according to the provisions of Law No. 1 of 2006 concerning Mutual Assistance in Criminal Matters which is the legal basis for reciprocal assistance in criminal cases , meanwhile, to build a case on their own, the procedure is carried out by using the method regulated by the Criminal Procedure Code.

There has not been a crime committed in the other country concerned, so even though there is a good relationship between the Police and the FBI, the Police do not necessarily do what the FBI asks and the Police should have investigated the request for assistance first.

Granted the Petitioner’s Pretrial request and declared that the confiscation of the Equanimity Cruise Ship carried out by the Respondent was illegal and had no legal basis.

–> Supreme Court Decision No. 38/Pid.Pra/2018/PN JKT.SEL

Source:

Article Titled: “Penyitaan Sebelum Proses Penetapan Tersangka, Hal Ini Wajib Diperhatikan,” Written by: Aji Prasetyo, Hukumonline.com, 16 Februari 2023.

Best regards,

Fredrik J. Pinakunary