JAKARTA - Baiquni Wibowo's legal team, one of the defendants for obstruction of justice or obstruction to the investigation in the murder case against Brigadier J read out the exception or memorandum of defense at the South Jakarta District Court.
In the indictment read by the Public Prosecutor (JPU), Baiquni received orders from the former Head of Propam Division, Ferdy Sambo, through the defendant Chuck Putranto, to copy or copy the recorded files in the CCTV DVR at the Duren Tiga Police Complex.
Baiquni was ordered to delete a copy of the CCTV DVR record file on his laptop.
According to the attorney, what was done by his client in the capacity as
PS Kasubbag Riksa Baggak Ethics Bureau Waprof Div Propam Polri is the executor on orders from his superior, Ferdy Sambo.
"So that as long as it can be proven that the government apparatus has the status of implementing its duties and functions because it is only based on information
limited and motivated by decisions and/or actions of an authority, in a official relationship that must be carried out and obeyed, this factual action is not the responsibility and positional error of the implementing government apparatus, but is entirely on the responsibility and fault of the organizer government apparatus received and has been carried out by the defendant Baiquni Wibowo," explained the attorney when reading the exception.
There are a number of legal foundations that strengthen what the defendant Baiquni did. For example, Law Number 25 of 2009 concerning Public Services, Regulation of the State Police Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission of the Indonesian National Police (Perpol 7/2022), Perkapolri Number 6 of 2017.
"Please pay attention, Your Excellency, the Panel of Judges... The indictment of the defendant Baiquni Wibowo and the examination of the case reasoned that the law was to be declared unacceptable because all Baiquni Wibowo's actions as the Head of the Riksa Baggak Ethics Subdivision of the Waprof Bureau of the National Police Propam Division had been carried out in accordance with the duties and regulations and orders of the legitimate superior, so that if there are allegations of abuse of authority in all these actions, then the action should be tested first in the state administrative court before a criminal examination or prosecution of cases is carried out," said the attorney.
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