Pretrial Trial Court Mardani Maming, Criminal Law Expert Confirms Witness Should Not Be Present In Bribery Cases

The atmosphere of the pretrial hearing of the alleged bribery case of the former Tanah Bumbu Regent at the South Jakarta District Court, Monday (25/7/2022) (ANTARA/Maria Cicilia Galuh)

JAKARTA - Criminal law expert Taufik Rachman said witnesses of a corruption case do not always have to be presented in court.

"There doesn't have to be a witness, there are times when a criminal act doesn't have a witness at all. So the witness's testimony can be obtained through instructions or documentary evidence, or statements from experts," said Taufik at a pretrial hearing at the South Jakarta District Court (PN) BETWEEN, Monday, July 25.

The KPK presented Taufik as an expert in a pretrial hearing at the South Jakarta District Court related to the alleged bribery case of former Tanah Bumbu Regent Mardani H. Maming.

In his statement, Taufik explained that the transaction history and instructions for giving bribes could be used as evidence.

"So there are not always witnesses who see, there could be other evidence, related to the transfer of funds, or other things that are giving the bribery," said Taufik.

Taufik said that proving bribery cases can be done in various ways so that the giver does not need to be presented in court.

"The most important thing in the bribery crime is that the gift is proven. An example can be seen from the transfer or recording, then the witness who led the investigation who saw the incident, did not need the giver himself," he said.

Mardani filed a pretrial application at the South Jakarta District Court for his appointment as a suspect in the alleged bribery case related to the granting of a mining business permit in Tanah Bumbu Regency, South Kalimantan.

Quoted from the Case Investigation Information System (SIPP) of the South Jakarta District Court, Mardani registered a pretrial application on Monday (27/6) with the classification of whether the case was legal or not.

Mardani's pretrial application was registered with case number 55/Pid.Pra/2022/PN JKT.SEL. As the applicant is Mardani and the respondent is the KPK.