Tuesday, 15 September 2026
MEDAN | INDATANEWS.COM - The Legal Aid Institute of Medan (Lembaga Bantuan Hukum Medan/LBH Medan) officially submitted a pretrial motion (Praperadilan) on Tuesday, July 21, 2026, to the Medan District Court Class 1A Special Jurisdiction. The motion concerns the termination of an investigation into an alleged embezzlement offense that allegedly harmed Arjoni, a mother of two children.
LBH Medan considers the termination of the investigation unlawful, arguing that the decision undermines legal certainty and violates the victim's right to access justice. Acting as Arjoni's legal representative, LBH Medan filed the motion to seek judicial review of the legality of the decision made by investigators from the North Sumatra Regional Police (Polda Sumatera Utara) to stop the investigation.The Director of LBH Medan, Irvan Saputra, SH., MH., stated that the alleged criminal offense originated from Police Report Number LP/B/909/V/2021/SPKT/Polda Sumatera Utara dated May 31, 2021.
The report relates to the alleged unlawful transfer and embezzlement of the victim's property rights, including several plots of land and a vehicle. One of the assets involved was a 2011 Toyota Avanza with registration number BK 1264 VQ, which was allegedly misappropriated by Heri Rahman, the victim's former husband and head of the family."Throughout the more than five-year handling of this case, the victim has fulfilled her obligations as the complainant by providing evidence in the form of witness statements, documents, and testimonies from two experts - a criminal law expert and an Islamic law expert - in accordance with the instructions from the North Sumatra Prosecutor's Office," Irvan said in an official statement on Tuesday, July 21, 2026.
According to Irvan, the investigation process and case review conducted by the General Criminal Investigation Directorate (Ditreskrimum) of the North Sumatra Regional Police previously resulted in Heri Rahman being named a suspect on January 8, 2025.However, the single judge of the Medan District Court, Monita Honeisty br. Sitorus, SH., MH., rejected the motion through Decision Number 20/Pid.Pra/2025/PN Mdn dated April 29, 2025.
Although the suspect's pretrial request was rejected, LBH Medan questioned the investigators' decision not to detain the suspect. The organization also questioned why the victim's report had not yet been declared complete or given P-21 status.Irvan said the situation had raised doubts for the victim because the legal process had continued for a prolonged period without providing final legal certainty.
"It is contradictory that after years of waiting by the victim, investigators from the North Sumatra Regional Police ultimately decided to terminate the investigation," Irvan said.LBH Medan believes the termination of the investigation is inconsistent with the previous legal process, in which an individual had already been named a suspect based on at least two valid pieces of evidence.
"Previously, investigators themselves determined that there were sufficient minimum two pieces of evidence, which led to Heri Rahman being named a suspect. This determination also received legal confirmation through the court's decision rejecting the suspect's pretrial motion," Irvan added.
Irvan explained that under criminal procedural law, investigators may only determine a person as a suspect when there is sufficient evidence consisting of at least two legally valid forms of proof.
"Therefore, terminating an investigation after a suspect determination that has already been recognized as lawful by a court raises serious questions regarding the consistency and professionalism of investigators in handling this case," Irvan stated.LBH Medan considers the termination of the investigation a violation of the principles of legal certainty, professionalism, accountability, as well as the victim's right to protection and justice.
LBH Medan refers to the constitutional guarantee of legal protection under Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, and the principle of due process of law.In the pretrial motion submitted to the Medan District Court, LBH Medan, as Arjoni's legal representative, named six parties as respondents.
The respondents include the Chief of the North Sumatra Regional Police as the first respondent, the Director of the General Criminal Investigation Directorate of the North Sumatra Regional Police as the second respondent, the Head of Sub-Directorate III of Ditreskrimum Polda Sumatera Utara, Kompol Jama K. Purba, as the third respondent, the Acting Head of Unit IV of Sub-Directorate III Ditreskrimum Polda Sumatera Utara, AKP Suyanto Usman Nasution, SH., as the fourth respondent, investigator AKP Hardi H. Sianipar, SH., as the fifth respondent, and assistant investigator Brigadier Bachrul J. Ritonga, SH., as the sixth respondent.The legal action also represents an effort to protect the rights of the victim, who has been waiting for legal certainty in the case she reported for years.
According to LBH Medan, ending the investigation after more than five years of proceedings, the appointment of a suspect, the rejection of the suspect's pretrial motion, and the fulfillment of prosecutorial instructions through three forms of evidence - witnesses, documents, and expert testimony - allegedly contradicts the Criminal Procedure Code (KUHAP), the Police Law, Indonesian National Police professional ethics regulations, and human rights principles.Through the motion, LBH Medan requested the Medan District Court to declare the termination of the investigation into the alleged embezzlement offense based on Police Report Number LP/B/909/V/2021/SPKT/Polda Sumatera Utara unlawful and without binding legal effect.
LBH Medan also requested the court to order the respondents to continue the investigation in accordance with legal provisions until the investigation file is declared complete (P-21) and the case proceeds through the legal process until a final and binding court decision is issued.LBH Medan emphasized that victims of criminal acts are entitled to legal certainty and fair treatment. According to the organization, a criminal process should not be terminated after a person has been named a suspect and that status has already been confirmed through a court decision.
"The state, through its law enforcement institutions, is obligated to ensure that every criminal process is carried out professionally, transparently, and accountably while providing genuine protection for justice seekers," Irvan stated. (IDNC)REPORTER: Darmailawati | EDITOR: Fik Sagala
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