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Suspect of Financial management inspection report (LPH) of Public Work division case, Faisal, revised his Lawsuit. Represented by his attorney, Faisal removed several phrases in his petitum.  

Plaintiff asked to review Article 10 verse (2), Article 11 letter c. and Article 34 verse (1) Act 15/2006 about Supreme Audit Agency (UU BPK) and Article 13 Act 15/2004 about State Financial Management. In the trial, led by Justice Maria Farida Indrati, Attorney Yusril Ihza Mahendra has removed several phrases, especially for ambiguous phrases.  

“We will only be proceeding petitum number 2, in which says Article 13 Act of State Financial Management opposes Article 1 verse (3) and Article 28D Constitution 1945, therefore which Article has no restriction,” he said at MK Plenary Room, Jakarta, Tuesday (8/26).  

To accentuate his argument, Plaintiff sees that crime-based state’s loss cannot be indicated by routine inspection or even reported conclusion. “To indicate of which, deep audit investigation is needed in order to reveal crime and state’s loss,” he said.    

It is also related to conditions in Article 11 UU BPK which says BPK auditor may be represented as expert in a trial. According to the Plaintiff, BPK’s auditors can conclude over state’s loss indication. “What kind of expert is that? They inspect and conclude everything by themselves. It is opposing 1945 Constitution,” he added.

In the first trial, Plaintiff saw phrase complied after BPK’s decision in Article 10 verse (2) UU BPK is ambiguous, encompassing legal uncertainty.

Article 10 verse (2) UU BPK says:

State’s finance loss measurement and/or the mandated paying party decided over BPK’s decision as determined in the verse (1).

Article 11 letter c UU BPK says:

Expert’s testimony about State’s loss is to be delivered in the hearing.

 Article 34 verse (1) UU BPK says:

BPK assisted by BPK’s Commissioner, consisting of Secretary-general, acting executioner unit, supporting unit, Envoy, Auditor, and other officers as BPK’s necessity.  

Article 13 of Management of State Finance, says:

Auditor may apply investigative checking to unveil criminal and/or State’s loss indication

Plaintiff himself was declared as suspect by North Sumatera Clerk in Deli Serdang LPH case, 2008-2012. The plaintiff was inspected after LHP conclusion which was published by North Sumatera BPK.(Lulu Hanifah/mh/kun)

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