Refly Harun Highlights SP3 Rismon Sianipar, Touches on the New Criminal Procedure Code

Refly Harun Highlights SP3 Rismon Sianipar, Touches on the New Criminal Procedure Code (Achmad Al Fiqri)

JAKARTA – Lawyer Roy Suryo, Refly Harunrevealed that the termination of the investigation (SP3) of three suspects in the alleged fake diploma case of the 7th President of the Republic of Indonesia Joko Widodo (Jokowi) was not in accordance with the rules.

“We are questioning that stopping the investigation of other suspects on the basis of restorative justice (RJ) violates the RJ provisions regulated in the Criminal Procedure Code,” said Refly in Jakarta, quoted on Sunday (26/4/2026).

According to Refly, the reason is because the suspects face a criminal sentence of more than 5 years. According to him, based on the new Criminal Procedure Code, those entitled to receive RJ are those who face a criminal sentence of less than 5 years.

“The new Criminal Procedure Code states clearly that if the threat of punishment is 5 years or more, above 5 years, you cannot receive or receive restorative justice,” he said.

Apart from that, Refly responded to his client’s case which is still ongoing and has been transferred by Polda Metro Jaya to the DKI Jakarta High Prosecutor’s Office (Kejati). He admitted that the submission of the files had exceeded the time limit, so the Prosecutor’s Office had to reject it.

“The time limit for returning P19 case files from Polda Metro Jaya investigators has exceeded the time limit determined by the Criminal Procedure Code, both the old 1981 Criminal Procedure Code and the new 2025 Criminal Procedure Code, namely 14 days,” said Refly.

“So on January 13, it was submitted, handed over by investigators to the prosecutor’s office, the file was returned again on the 13th day, (date) 26. Well, from 26 to say the 22nd (April), you can count it as almost 3 months,” he added.

Refly also emphasized that his client’s case files should be returned by the Prosecutor’s Office. According to him, the prosecutor does not need to check the material aspects of the file because according to legal procedures it is not appropriate.