JAKARTA - The efforts of Bharada Richard Eliezer or Bharada E to ask for protection from the Witness and Victim Protection Agency (LPSK) finally came true. The application for protection has been made since Monday (8/8) by Bharada E's legal team. Or if, since Bharada E decided to become a justice collaborator.
However, LPSK only gave full protection to Bharada E as a justice collaborator on August 15, 2022 in the case of the murder of Brigadier Nofriansyah Yosua Hutabarat (Brigadir J) at the official residence of his boss, Inspector General Ferdy Sambo on 8 July.
Procedurally, said Head of LPSK Hasto Atmojo Suroyo, his party must first meet with Bharada E, because there has been no direct request from Bharada E to ask for protection from LPSK.
“So far, only the lawyers have come. We have to meet with Bharada E first," said Hasto to VOI, Friday (12/8).
However, this does not mean that the application is ignored. LPSK has also asked for a schedule to the Bareskrim investigators to meet several times, but has not been able to because the person concerned is still being investigated.
“On Friday afternoon, before midnight (12/8), our team was able to schedule an in-person meeting with Bharada E. At that time, we immediately agreed to provide emergency protection. Then, after the plenary meeting, Monday (15/8), LPSK decided to give full protection to Bharada E," said Hasto, Tuesday (16/8).
The LPSK's decision to provide protection to Bharade E was due to two conditions, namely the existence of a threat and the existence of a legal process that Bharada E had to go through so that he had to be accompanied immediately.
"Both of them fulfill that the threat in question is in a criminal case with a structural dimension, where there is a power relation in it and the person concerned is in a low strata within the structure of the perpetrator of the crime," he said.
With the stipulation of the decision based on the LPSK Leadership Court Session (SMPL), the emergency protection, which had been previously granted to Bharade E, was revoked.
"And also in the judicial process, we will always accompany the person concerned until a decision is made by the judge," he added.
In essence, added Hasto, justice collaborator has three rights. First, protection. The mandate of protection according to law is given by LPSK.
“So, if the justice collaborator is not protected by LPSK but for example by investigators, of course there will be a potential conflict of interest. It could be that his statement was directed or the person concerned was pressured or intimidated," he said.
Second, justice collaborators have the right to special treatment.
"Among them, the case files are separated from the other perpetrators and the place of detention must also be separated from the place of detention of other perpetrators," said Hasto.
Third, awards. Justice collaborators are entitled to an award in the form of detention and remission if the sentence is already running.
LPSK is considered slowFormer Kabareskrim, Komjen (Ret.) Susno Duadji also considered that LPSK was too slow to move. It's good, LPSK does not only dwell on procedural matters, but can also prioritize threats that may arise.
“There are extraordinary things in this republic, you have to think so. This Bharada E is very special. He has admitted that he has become a justice collaborator. Once he revealed who the culprit was, his life was already in danger. But the protection, you still have to wait for this first, that's the first thing, yes, you're already dead," said Susno Duaji in an interview on the Kompas TV program, Thursday (11/8).
"If there are regulations that hinder it, the rules will be changed. We are the only rules that cannot be changed, only the scriptures. Luckily, Bharada E is in the custody of the Criminal Investigation Unit of the Police. So, it is still relatively safe from danger," he continued.
Deolipa Yumara, Bharada E's attorney at the time, said Eliezer had given up and was ready to take any risks even if he lost his life. After becoming a justice collaborator, he had to ask his family to change their cell phone number and return as soon as possible to Manado. This is done as a precaution.
"He (Bharada E) is ready to die, he has become red and white," said Deolipa on Kompas TV, Thursday (11/8).
Deolipa Yumara and Muhammad Burhanuddin are no longer lawyers for Bharada E. The letter was written on 10 August 2022 and signed directly by Richard Eliezer Pudihang Lumiu (Bharada E).
Alleged InterventionThe chairman of Indonesia Police Watch (IPW) Sugeng Teguh Santoso suspects that the revocation of the power of attorney against Deolipa Yumara and Muhammad Burhanuddin as lawyers for Bharada E on August 10, 2022 could not be separated from the intervention of investigators.
He reminded investigators not to be too sensitive to the statements of legal advisers. As long as the statement is true and in accordance with the facts, and does not change the investigation process, it is legal.
“Don't feel that Bareskrim appointed this lawyer, Bareskrim feels entitled to ask Bharada E to withdraw. This is not quite right. Once the lawyer has signed a power of attorney with his client, the Criminal Investigation Department no longer has the authority over Bharada E in the lawyer's relationship with the client. Advocates cannot be intervened,” he told VOI, Friday (12/8).
Even so, Sugeng believes that the intervention is only an assessment of the statement from the Criminal Investigation Department and the appointed advocate. As for the security of Bharada E in the Bareskrim detention, he still believes that the Criminal Investigation Unit is professional.
“I think it is definitely safe because it has become a common public concern. Bharada E is a key witness who must be physically and safely protected, his health is related to adequate eating facilities, adequate detention locations, and also fulfilling spiritual needs, this is not a problem, "continued Sugeng.
However, psychological support related to Bharada E who will receive leniency from LPSK as a justice collaborator may be hampered by the revocation of this power of attorney because of his request from a previous lawyer.
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