Judge Rejects Baiquni Wibowo's Exception, Cases Of Entering The Evidence Stage

JAKARTA - The panel of judges decided to reject the objection note or exception filed by the defendant Baiquni Wibowo in the case of the obstruction of justice murder of Nopriansyah Yosua Hutabarat alias Brigadier J.

The trial then proceeds to the stage of proof or witness examination.

"Rejected the exception or objection from the legal advisor of the defendant Baiquni Wibowo in its entirety," said the judge during a trial at the South Jakarta District Court (Jaksel), Thursday, November 10.

The decision to reject the exception was because all the charges prepared by the Public Prosecutor (JPU) were in accordance with the Criminal Procedure Code (KUHAP). Thus, it is considered as the basis for case examination.

Then, the panel of judges also ordered the Public Prosecutor to present witnesses. This is because the obstruction of juctice case with the defendant Baiquni Wibowo was continued to the stage of proving the indictment.

"Ordered the public prosecutor to continue examining cases," said the judge.

At the previous trial, the defendant Baiquni Wibowo in his exception mentioned what he had done in his capacity as PS Head of Subdivision of Riksa Baggak Etika, the Waprof Bureau of the National Police's Propam Division alone on the orders of his superior, Ferdy Sambo.

"So that as long as it can be proven that the government apparatus has the status of implementing its duties and functions because it is only based on limited information and is motivated by decisions and/or actions of an authority judgment (assessment of the position of direct supervisor), in a official relationship that must be carried out and obeyed, then the factual action is not the responsibility and mismanagement of the implementing government apparatus," explained the attorney when reading the exception.

"But it is entirely on the responsibility and fault of the organizers' government apparatus received and has been carried out by the defendant Baiquni Wibowo," he continued.

Baiquni Wibowo was jointly charged with obstructing the investigation into the murder case of Nopriansyah Yosua Hutabarat alias Brigadier J.

He is said to have conspired with Ferdy Sambo, Hendra Kurniawan, Agus Nurpatra, Baiquni Wibowo, Irfan Widyanto and Arif Rachman.

Thus, Baiquni Wibowo was charged with violating Article 49 in conjunction with Article 33 subsidiary Article 48 paragraph (1) in conjunction with Article 32 paragraph (1) of the ITE Law Number 19 of 2016 and/or Article 233 of the Criminal Code subsidiary Article 221 paragraph (1) to 2 in conjunction with Article 55 of the Criminal Code.