Pretrial Aiman Witjaksono, A Legal Expert At Polda Metro Talks About The Ratification Of Confiscated Permits From Court

JAKARTA - Criminal law expert at Krisnadwipayana University (Uncris) Jakarta, Kombes (Ret.) Warasman Marbun said that the permit to determine the confiscation does not have to be signed by the head of the peteri court.

Warasman is an expert presented by the Metro Jaya Police Legal Division team in the pretrial trial of Aiman Witjaksono regarding the confiscation of his cellphone in the alleged case of spreading false news about 'not neutral police'.

It started when a member of the Bidkum Polda Metro Jaya team, Ipda Mansur, questioned the validity of the letter of stipulation of the confiscation permit if it was not signed by the head of the district court.

"In the Criminal Procedure Code, it is clearly stated regarding the confiscation that investigators can confiscate it with the permission of the head of the local District Court," said Mansur during a trial at the South Jakarta District Court, Friday, February 23.

"My question is whether by visiting the Deputy Chairperson of the local PN it becomes flawed or contrary to the Criminal Procedure Code? Please explain the expert," he continued.

Answering that question, Warasman said that the letter for determining the confiscation permit was not formally flawed even though it was the one who signed the head of the district court. Provided, it is carried out in accordance with the internal rules of the judiciary.

"So my opinion is that if a permit is issued or a application for permit is issued so that the approval from the local district court is issued that the chairman or deputy chairman is internal to the judiciary. So if they have issued a confiscation or confiscated application, either it is signed by the Chairman of the District Court or the Deputy Chair of the District Court, it is internal to the judiciary," said Marbun.

In addition, Marbun also emphasized that this was in accordance with the provisions of the Circular Letter of the Supreme Court (SEMA) No. 4 of 1985. Where, the letter of stipulation of the confiscation permit can be signed not by the chairman of the court, however, it must still use the official stamp and stamp of the court.

"And it is legal according to law, especially if there is SEMA No. 4 of 1985 regarding the confiscation permit cannot be revoked or canceled by the Chairman of the District Court, it has been locked. So whatever the determination of the confiscation, the approval of the confiscation has been locked by SEMA No. 4 of 1985 regarding the confiscation permit cannot be revoked or canceled by the Chairman of the District Court," said Marbun.