YOGYAKARTA - The Ombudsman representative of DIY-Central Java traced allegations of maladministration of the arrest process to the determination of the suspect in the klitih case or street crime on Jalan Gedongkuning Yogyakarta on April 3, 2022.
"We will investigate again as the alleged violence denied by the police, we will investigate again," said Head of ORI Yogyakarta-Central Java Representative, Budhi Masturi at the ORI DIY office, Yogyakarta, as reported by ANTARA, Wednesday, July 20.
Previously, a street crime case that killed a student had been brought to the Yogyakarta District Court with five defendants being brought to trial, namely RNS (19), FAS (18), MMA (21), HAA (20), and AMHM (20).
ORI DIY has received complaints from the defendants' attorneys regarding the alleged wrongful arrest and alleged acts of violence against the defendants while they were still suspects.
Because the case has been brought to trial, according to Budhi, the Ombudsman only focuses on exploring aspects of public services during the law enforcement process in the police.
There are also public services that must be fulfilled by the police, he said, including access to visits, access to legal assistance, to ensuring that there is no violence or improper treatment of suspects during detention.
"If it's pro justitia, let the lawyers argue with the public prosecutor in court," said Budhi.
Violence
Yogi Zul Fadli, a legal adviser to one of the defendants in the clinical case of Andi Muhammad Husein Mazhahiri, said that the main material reported to ORI DIY was the alleged violence by the police and indications that the formal requirements were not met when arresting his client.
"Then, there are indications that access to legal assistance was not opened to the suspect at that time," he said.
According to Yogi, the legal process was very fast so that at that time the attorney had not had time to consider the pretrial submission.
"This is a fast process, when we were arrested, then only a week later, it was handed over to the court, so there was a time constraint that prevented us from filing a pretrial," he said.
Previously, the Head of Public Relations of the Yogyakarta Police, Kombes Yuliyanto, said that to determine whether or not an arrest was legal and an investigation should be submitted through a pretrial mechanism before the first trial of the main case was held on behalf of the defendant or applicant.
"Now that the trial has started, of course the pretrial mechanism for the Polri investigators will no longer work. It will only be up to the trial whether he is proven right or wrong, or wrongly arrested later in the trial," said Yuli.
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