Andre Rosiade Will Face Political 'Trial' In Parliament And Parties

JAKARTA - The raids on commercial sex workers (CSWs) in Padang, West Sumatra have brought the name of DPR member Andre Rosiade in the spotlight. As a member of parliament, he will be questioned by the Honorary Court of the Council (MKD). Meanwhile, as a cadre of the Gerindra Party, he will be questioned by the party's honorary assembly.

MKD member Arteria Dahlan said, MKD will hold a meeting next week. One of the agenda is discussing the case that dragged the name of Commission VI member Andre Rosiade.

"So if we talk about Monday, February 10, we plan to have a meeting. One of the agendas is related to the Andre Rosiade case. So, not only discussing the problem of Andre," said MKD member Arteria Dahlan, when contacted by VOI, in Jakarta, Friday, February 7.

Arteria explained that the MKD could not yet examine Andre's for this case. Because, there must be a report that comes from the public to follow up. "If there is a report we will examine it, we will prosecute and we will break up," he said.

This PDI-P politician sees several problems in the raid on prostitutes in Padang, allegedly initiated by Andre. Among other things, the inability of the West Sumatra Regional Police in handling prostitution issues, as well as the festivalization of power in an inappropriate manner.

"If you want to carry out raids, please, if you are unable to say. No need to do civilian cowboy actions like Mr. Andre. So just do it, if we are unable to try, we will find someone who is able to do the work," he said.

Arteria also regretted Andre's attitude in trapping PKS in the raid. According to him, it should be enough to report, let the police do police work.

"Do not let us try to provide facilities. This is to facilitate and participate in committing criminal acts. Whatever the meaning. Articles like that are included in it," he explained.

Apart from MKD, Andre also has to provide clarification to his party. The Gerindra Party Honorary Council will hold a meeting to discuss the issue next week.

"In the next week, Saudra Andre Rosiade will be asked for information at the Party Honorary Council and the Gerindra Party DPP to clarify what we already know is circulating in the community," said Deputy General Chief of the Gerindra Party, Sufmi Dasco Ahmad, at the DPR Building, the Parliament Complex. .

Not only that, the Gerindra Party, said Dasco, had also sent a team to Padang, West Sumatra to check the truth of the incident. According to him, based on Andri's statement, he was not in the room at the time of the incident. However, the hotel receipt was in Andre's name. Dasco said that was what would be asked in the party's honorary assembly forum meeting.

"The Gerindra Party DPP also expressed its concern, apologized to the public if it later made the situation unfavorable. However, everything will go away from the verification results in the Gerindra DPP honorary assembly," he explained.

Andre uploaded the process of this raid to his social media account, Twitter. The post affixed the statement that he and the police carried out raids to eradicate prostitution there.

Together with the police, I uncovered the online prostitution practice at a hotel in Padang City. In the future, this should be a lesson and evaluation material for us. This isn't just police homework. But homework for all of us. pic.twitter.com/G2ctKoUh5W

- Andre Rosiade (@andre_rosiade) January 27, 2020

Andre's move was considered against the law

Director of ICJR Anggara, in a written statement received by VOI, said that the entrapment technique was not known in the criminal justice system. The method of investigation or investigation using entrapment techniques is one of the techniques that the Supreme Court has stated is contrary to criminal procedural law.

Entrapment is different from other similar investigation techniques, such as undercover buy and control delivery in the Narcotics Law. Both are only used with the aim of dismantling transnational and organized crime networks such as narcotics, that is why their use is very limited and is not known in laws containing other criminal procedure laws.

According to the ICJR's view, the technique of investigation or investigation using entrapment is not a technique that can be used by law enforcement officials in criminal procedural law. Trapping is very vulnerable to engineering, and this technique generally affects the will of the defendant to commit the act.

"A criminal act will not occur if there are no conditions that are deliberately created which are the essence of entrapment itself. In fact, to be able to declare a person to have committed a criminal act, it must be proven that the defendant had an act and evil intent to commit the act," said Anggara. .

The entrapment technique, said Anggara, instructs the existence of evil intentions from outside the perpetrator. Things that need to be considered, in order to measure the occurrence of a criminal act, the evil intention must arise from the beginning of the act and the evil intention must arise from within the perpetrator of the act, not from outside.

In decision No. 2517K / Pid.Sus / 2012, the Supreme Court upheld the Langsa District Court's decision which released the defendant from all lawsuits because according to the Supreme Court the defendant in this case was only the executor of orders from someone else who was a policeman, where on the order of the police. So the defendant looked for drugs and was finally arrested by officers from the police himself.

Furthermore, the Supreme Court stated that the defendant committed the act (bought crystal methamphetamine) because he was asked by the police, so that according to the panel the defendant had no wrongdoing, therefore he could not be convicted in accordance with the principle of geen straf zonder schuld.

ICJR is of the opinion that the process of this case cannot be continued, because as stated by the Supreme Court in its decision, no fault can be found in the perpetrator. The absence of wrongdoing means negating a criminal act, or simply a criminal act has never occurred in this case.

"Based on this, the ICJR encourages the West Sumatra Regional Police to be careful in processing this case and not continue the case to the level of investigation. ICJR also reminded that in the future, law enforcement officials should be careful to use their authority to carry out coercive measures such as arrests and searches, by not using prohibited practices in the investigation or investigation technique, "he explained.