If The Arrest Of Munarman As A Terrorism Suspect Is Questioned, It Is Better To Proceed To Pre-trial

JAKARTA - Al-Azhar University criminal law expert Supardji Ahmad is sure that Munarman's arrest is a terrorism suspect based on sufficient preliminary evidence.

"The arrest must have sufficient initial evidence, at least two pieces of evidence. If we do not look for it, then we can't do that. Surely there is evidence to make an arrest for a suspected criminal act of terrorism,” Supardji said when contacted, Thursday, April 29.

Because of that, it is believed that Munarman's arrest was in accordance with the provisions. Densus 88 of National Police is said to be impossible to carelessly catch as long as they catch someone without preliminary evidence.

"So if you look for it and then get arrested, you can't. This means, there must be preliminary evidence in the view of the investigator which then fulfills the elements for an arrest," he continued.

Regarding the treatment in Munarman's arrest, Supardji said that the standard of handling was indeed different in the handling of terrorism cases. The pattern of treatment in the arrests did not only happen to Munarman but other terrorist suspects

"If we look at the method or mechanism for the arrest with this model, yes, there are a lot of things that happen when the perpetrators of suspected terrorist crimes are arrested. Because again, this is a terrorist suspect, even the one who arrested the Densus was different. The Densus is that if the perpetrators of suspected terrorists are arrested, they are forced, closed, or even have their eyes plastered. Namely, the context is a special serious crime that is dangerous, so the action is like that," said Supardji.

Therefore, if there are objections related to Munarman's arrest, the most appropriate procedure is followed, namely pretrial. The trial will be tested regarding the procedures for handling terrorism cases carried out by the Police through Densus 88/Anti-terrorism.

"Furthermore, if the process is deemed to have violated the law, the Criminal Procedure Code, or violated human rights, it can be examined in pretrial on whether or not the determination of the suspect is legal, whether the arrest is legal or not, and whether or not the detention is legal," said Supardji.

"That's where it will be tested whether the formal procedure or mechanism has been carried out properly or not. So we should leave it to the pretrial institution to declare whether the arrest was legal or not," continued Supardji.

The National Police has named Munarman a terrorist suspect. Munarman is suspected of planning acts of terrorism.

Munarman was arrested by Densus 88 on Tuesday, April 27 at around 15.30 western Indonesia time at Modern Hills Housing, Cinangka, Pamulang, South Tangerang.

Munarman is suspected of mobilizing other people to commit criminal acts of terrorism, conspiring to commit criminal acts of terrorism, and withholding information about criminal acts of terrorism.

After Munarman was arrested, the Densus 88 Team also conducted a search at the former FPI banned mass organization office in Petamburan, Central Jakarta.

During the search, the team found the explosive raw materials for TATP or triacetone triperoxide, acetone, and nitrates.

The National Police Headquarters also emphasized the treatment of Munarman when he was taken to Metro Jaya Police. This treatment is in accordance with international standards.

"The international standard for arresting terrorists is like that. Terror crimes are organized crimes with a very wide network,” said Head of Public Relations Division of the National Police, Grand Commissioner Ahmad Ramadhan.

Even with the handcuffs that were used on Munarman. This standard is called by the National Police as the principle of equality before the law.

"So at the time of the arrest of brother M, his position was already a suspect," said Grand Commissioner Ramadhan.

Munarman was charged with Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. However, regarding the article, Grand Commissioner Ramadhan did not mention it.

"Meanwhile (the article) is related to acts of terrorism. There's no way it is the snatching case, a case of fraud. (Charged with the article) on terrorism cases," he said.