Criminal charges must exist first, not…

Illustration. The Formula E electric car racing circuit runs through Jalan Medan Merdeka Selatan to the inner circle of the National Monument (Monas), Central Jakarta. The KPK is advised to stop investigating cases of alleged corruption in Formula E. (Source: Doc.)

JAKARTA, COMPASS.TV – The Corruption Eradication Commission (KPK) has been advised to stop the investigation into the alleged corruption case in the Formula E board in DKI Jakarta.

State law expert Margarito said on Thursday that the KPK was wrong from the start because it violated the most basic procedure for establishing criminal charges.

“By default, the alleged crime should already be there. It’s not just looking for it. Any investigative action starts with the assumption that the crime already exists,” he explained, quoted as saying Between.

Margarito continued that the KPK should have previously had a criminal aspect before obtaining evidence to bolster criminal events.

Also read: KPK stops investigating Formula E cases if no criminal elements are found

“If you are investigating a legal event, the incident must already have a criminal aspect in your mind. It remains only to obtain evidence to confirm that it is a criminal event,” Margarito said Friday (12/11/2021).

“Not looking for evidence to find out it was a criminal incident, so this is the KPK’s way of thinking that’s very reversed. This is very wrong,” he said.

With regard to the two-year postponement of Formula E and the award of commitment fee, Margarito said there was no human control because of the pandemic.

“Because the event (Formula E) was not caused by humans. It was a natural cause that could not be predicted objectively. The legal consequence is that no one can be held legally responsible,” continued Margarito.

As for the issue of bank loans that have been used, this will indeed put a strain on the APBD.

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