JAKARTA, KOMPAS.TV – The Corruption Eradication Commission (KPK) is advised to stop the investigation into the alleged corruption case in the administration of Formula E in DKI Jakarta.
Constitutional Law expert Margarito Thursday said the KPK had been wrong from the start because it violated the most basic procedure for determining criminal allegations.
“The standard thing is that the alleged crime must already be there. It’s not just being searched for. Every investigative action begins with the assumption that the crime already exists,” he explained, quoted from Between.
Margarito continued that the KPK should have previously had a criminal aspect before obtaining evidence to corroborate a criminal incident.
Also Read: KPK Stops Investigation of Formula E Cases If No Criminal Elements Are Found
“If you investigate a legal event, in your head the incident must already have a criminal aspect. All you have to do is obtain evidence to confirm that it is a criminal event,” said Margarito, Friday (12/11/2021).
“Not looking for evidence to find that it was a criminal incident, so this is the KPK’s way of thinking is very reversed. This is very wrong,” he said.
Regarding the postponement of Formula E for two years and the granting of commitment fee, Margarito said it was not human control because of the pandemic.
“Because the thing that thwarted the event (Formula E) was not something caused by humans. It was a natural cause that couldn’t be predicted objectively. The legal consequence is that no one can be held legally responsible,” continued Margarito.
Regarding the problem of loan funds from banks that have been used, it will indeed burden the APBD.
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