Maia Estianty's Old Case Hits Again, Legal Practitioners Remind of the Basis of Presumption of Innocence

Jakarta - The controversy between Ahmad Dhani and Maia Estianty is back on social media. Although the two have been separated for 20 years, it is not uncommon for conflicts between them to always arise.

Several allegations have begun to be raised, one of which is the alleged domestic violence (KDRT) which has again been widely discussed on social media. The broadcast clip released in 2022 has become a discussion, but this could violate the SP3 (Order of Investigation Termination) decision issued in 2008.

"In the perspective of criminal law, the main measure is not public perception, but the fact of proof. And in the case that has been reported, the investigation process is known to have been stopped through SP3," said Ghufron, a legal practitioner on Tuesday, May 13.

He explained that the termination of the investigation through the Letter of Order to Terminate the Investigation (SP3) is regulated in Article 24 paragraph (2) of the Criminal Procedure Code, which states that the investigation can be terminated if there is not enough evidence, the event is not a crime, or the investigation is terminated for the sake of the law, etc. In the case at hand, the investigation was terminated because there was not enough evidence.

"This means that the state through the investigation mechanism has not found sufficient evidence to bring the case to the next stage," he continued.

According to him, Dhani's party could take it legally if he believed that the evidence he had was very strong compared to throwing issues to the public.

"If someone believes that they have strong evidence, there is legally available space to test the termination of the investigation. Therefore, the absence of further legal steps is certainly a fact that the public cannot ignore," said Ghufron again.

He assessed that Ahmad Dhani actually had the legal right to take a step back against the accusations that were developing at that time. Several criminal instruments that can theoretically be used if someone feels that their reputation and honor have been harmed.

"In the conflict of public figures' domestic life, there are often non-litigation considerations that are chosen to avoid greater psychological impact on children. Because when conflicts continue to be opened in the public space and are reported to each other, the most vulnerable party to be affected is usually the child," said Ghufron.

Maia Estianty and Ahmad Dhani officially became grandparents after the birth of the first child of the couple Al Ghazali and Alyssa Daguise. This week, they shared the good news.