PENAMALUT, COM, SANANA – Kejaksaan Negeri (Kejari) Kepulauan Sula mengembalikan berkas dugaan korupsi pembangunan Pasar Rakyat Makdahi kepada penyidik Satreskrim Polres Sula untuk dilengkapi bukti formil dan materil.
Pengembalian berkas (P19) ini disertai petunjuk jaksa.
“Jadi sebelumnya pada 2 Februari 2022 lalu penyidik Polres Sula telah mengirimkan berkas perkara hasil penyidikan tahap I kasus dugaan korupsi Pasar Makdahi kepada jaksa, dan hari ini kami kembalikan atau P19 karena belum lengkap,” ujar Pelaksana Tugas (Plt) Kasi Intel Kejari Sula, Bagas Andy Setiyawan, Rabu (16/2) tadi.
Menurut dia, setelah berkas tahap satu diterima Kejari Sula, jaksa peneliti kemudian melakukan menelitinya berdasarkan ketentuan Pasal 110 ayat
(2), ayat (3) dan Pasal 138 ayat (1) KUHAP.
Selanjutnya pada tanggal 9 Februari 2022 dikirimkan surat pemberitahuan hasil penyidikan berkas perkara belum lengkap (P-18) berdasarkan surat Nomor: B-98/Q.2.14/Fd.1/02/2022 an. tersangka insial BAR dan BK dengan Nomor: B-99/Q.2.14/Fd.1/02/2022.
Tim jaksa peneliti Kejari Sula berdasarkan ketentuan Pasal 138 ayat (2) KUHAP telah memberikan petunjuk baik formil maupun materiil terhadap kelengkapan berkas perkara hasil penyidikan kepada Penyidik Polres Sula berdasarkan surat pengembalian berkas perkara untuk dilengkapi (P-19) Nomor: 117/Q.2.14/Ft.1/02/2022 an.
tersangka insial BAR dan Nomor: 116/Q.2.14/Ft.1/02/2022 an. dan BK tanggal 16 Februari 2022.
“Terkait dengan penembahan tersangka itu bukan kewenangan kejari tetapi itu kewenangan penyidik polres sula, kejari hanya pentunjuk seputar kelengkapan formil serta materiil. Artinya penentuan penetapan tersangka sepenuhnya merupakan kewenangan dari penyidik Polres Sula,” jelasnya.
Kedua tersangka itu disangkakan melanggar Pasal 2 ayat (1) atau Pasal 3 JO Pasal 18 Undang-Undang Republik Indonesia Nomor 31 tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi JO Pasal 55 ayat (1) ke 1 KUHPidana. (ish/ask)
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