So Witness Obstruction Of Justice, Two Police Members Don't Understand Article 38 Of The Criminal Procedure Code

JAKARTA - Two members of the National Police, Munafri Bahtiar and Tomser Cristianata, who witnessed the trial of the obstruction of justice case, did not understand Article 38 of the Criminal Procedure Code.

Their ignorance was revealed when they were questioned by legal advisors, the defendants Hendra Kurniawan and Agus Nurpatra regarding the mechanisms and basic rules of confiscation.

"Do you understand 38 of the Criminal Procedure Code?", asked the legal adviser to witness Tomser during the trial, Thursday, October 27.

"How much article?" replied Tomser.

"(Article) 38 of the Criminal Procedure Code is related to the confiscation of evidence," replied the legal adviser.

Hearing that statement, Tomser was silent.

So, the Chief Justice, Ahmad Suhel, helped emphasize legal advisory questions. Until finally, Tomser admitted that he did not know about it.

"Do you understand?" asked the judge suspiciously.

"Ready, no (Article 38 of the Criminal Procedure Code, ed)," replied Tomser.

Then, the legal advisor asked a similar question to witness Munafri. In line with his colleague, Munafri also did not know the contents of Article 338 of the Criminal Code.

"No," said Munafri.

For information, fill in Article 38 of the Criminal Procedure Code regarding the confiscation of evidence.

In paragraph one, regulating the confiscation can only be carried out by investigators with a permit from the head of the local district court.

Meanwhile, paragraph two concerning conditions that are very necessary and urgent if the investigator must act immediately and it is impossible to obtain a permit first, without reducing the provisions of paragraph (1) the investigator can confiscate only for moving objects and for that it is mandatory to immediately report to the head of the local district court to obtain his approval.