Law Expert: Budi Gunawan Ruling Inconsistent and Unfair
Jakarta. Judge Sarpin Rizaldi, who presided over Comr. Gen. Budi Gunawan's pretrial hearings, has ruled inconsistently and unfairly on the case, says Refly Harun, a constitutional law expert at the University of Indonesia (UI).
The judge ruled on Monday that the Corruption Eradication Commission (KPK)'s declaration of Budi as a graft suspect was unwarranted under the law.
"The judgment is inconsistent," Refly said on Monday, as quoted by news portal Kompas.com.
"On the one hand, [Judge Sarpin] chose a favorable interpretation of Budi's bureaucratic standing. On the other hand, he was overly indulgent when it comes to what Budi could dispute in his motion."
Also, in line with the opinion of other legal experts, Refly disputes Judge Sarpin's position on whether the KPK's graft suspect determinations fall under the purview of pretrial hearings.
"In the criminal code, only detentions, arrests and requests for rehabilitation can be disputed in pretrial hearings," Refly added.
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