Judges Turn Down Hary Tanoe's Pre-Trial Lawsuit

Media Nusantara Citra (MNC) Group President and CEO Hary Tanoesoedibjo (Photo: AP Photo/Achmad Ibrahim)

In other words: he's still a suspect.

Presiding Judge Cepi Iskandar has decided to reject the pretrial lawsuit filed by businessman and media mogul Hary Tanoesoedibjo against the National Police's Criminal Investigation Department (Bareskrim).

The last pretrial session yesterday concluded with a validation of Bareskrim's naming Hary a suspect.

On the ruling hearing, the judges stated that the police have two legitimate instruments to declare Hary as a suspect. Based on the evidences submitted by the Police, the inquiry procedure and the investigation in Hary's case had been in accordance with the provisions in Criminal Law Procedures Code (KUHAP) and National Police Chief Regulation.

"The police, based on the evidences in the probe and investigation had fulfilled the specified procedure," said Cepi at the South Jakarta District Court Room on Monday.

Concerning Hary's claim that saying that Bareskrim was late to issue and deliver the notice of the commencement of an investigation (SPDP), the judges did not find the argument substantial.

"The pretrial judges think if it is not postulated in the plea, the applicant [must have] considered the SPDP not as a substantial matter," said Cepi.

The judges were also not in line with Hary and his lawyers who stated that the case on Electronic Transaction Information (ITE) could only be handled by civil servant investigators from the Ministry of Communications and Information.

According to the judges, the police also own the authority.

"So, the reasoning of the applicant must be set aside," said the judge.

Hary Tanoesoedibjo was named a suspect of a threat case after he was proven to send several text messages that have been considered threatening to Attorney General's Office investigator Yulianto. The messages received by Yulianto when he was into PT Mobile-8 tax restitution case and Hary was a commissionaire in the company when the texts arrived.

Hary is subject to Article 29 of Law 11/2008 on Electronic Information and Transaction.

(brl/red)