Yusril Ihza Mahendra Issues President Jokowi's Counter-False Certificate

Yusril Ihza Mahendra regretted the revocation of the lawsuit against President Jokowi's alleged fake diploma. (Doc. Crescent Star Party)

JAKARTA - Senior advocate Yusril Ihza Mahendra regretted the revocation of the lawsuit against the law on the case of 'False Jokowi' committed by lawyer Bambang Tri Mulyono (BTM) at the Central Jakarta District Court on Thursday, October 27. On the other hand, Yusril also regretted that the police detained BTM in the alleged crime of religious defamation.

"Although this detention is not related to Jokowi's 'false certificate' lawsuit, it is impressive that the government uses power, not law, in dealing with BTM. Meanwhile, everyone knows that BTM uses Eggi Sudjana and Ahmad Khozinudin to sue Jokowi's diploma to the Central Jakarta District Court," said Yusril in a written statement, Sunday, October 30.

However, he continued, the detention of BTM was even used as an excuse to withdraw the lawsuit because it was difficult for them to collect evidence to win the lawsuit. This is because BTM, which has access to witnesses and evidence of trial, is actually detained by the police and cannot be visited.

"With the withdrawal of the lawsuit, whether Jokowi's diploma, starting from elementary, junior high, high school and UGM as a condition for Jokowi to advance to the presidential election, native or fake, has finally never been proven and decided by the court. Even though the law decisions that inkracht van gewijsde and declare Jokowi's original or fake diplomas are very important, not only to end the political controversy about the matter, but also very important for legal certainty, so that this controversial case ends clearly," said Yusril.

"Otherwise, this case will forever hang and become political gossip without stopping," he continued.

According to Yusril, Jokowi's supporters will be busy making statements to the media that they are witnesses to Jokowi's original diploma. On the other hand, BTM and its supporters will never stop using the media to continue to launch attacks that Jokowi is a fake bribe and his diploma is fake with their version of evidence.

"But all these statements are only part of the formation and raising of mere opinions. From a legal point of view, these statements have no weight and value, unless the statement is pronounced under oath in court hearings that are open to the public," said Yusril.

The general chairman of PPB considered that the court's decision on the controversial case was very important so that there was legal certainty. Therefore, he regretted why the police detained BTM.

"Although the basis for his detention is not related to Jokowi's 'false certificate', the impression that the Government is 'playing in power' against BTM is difficult to avoid. After all, detention and even imprisonment will not deter BTM. The controversy over 'Jokowi's fake certificate' has been revealed by BTM through his book 'Jokowi Under Cover' which put him in prison. After leaving prison, BTM began again with the same attack on Jokowi," Yusril explained.

The only way to 'beat' BTM, said Yusril, is to submit written letter evidence, recordings, photos and the like, witness statements and experts under oath who provide information in a trial that is open to the public in order to refute the evidence submitted by BTM and its lawyers.

"Trust the panel to assess all the evidence submitted by the plaintiff and defendant as widely as possible, to finally decide whether the lawsuit is granted or rejected. In its legal considerations, the panel will certainly present the legal basis of the decision and assess the evidence presented by the plaintiff and defendant clearly and take the most appropriate and accountable decision," explained Yusril.

Yusril emphasized that the reason for the withdrawal of the lawsuit was because BTM was detained by the police and it was difficult to gather evidence which also seemed strange. The reason is, lawyers who work professionally have certainly collected all the evidence that makes him 'haqqul Yaqin' will win the lawsuit before registering the lawsuit in court.

"They must know the legal provisions of civil events: who argued that they must prove the argument. It is not Jokowi and his lawyers who must prove Jokowi's diploma is genuine and not fake. BTM and its lawyers must prove that Jokowi's diploma from elementary school to UGM is fake," he said.

"If the evidence is still difficult to collect for any reason, including those who have access to data and the witnesses are only principal plaintiffs, in this case BTM, usually a lawyer will not dare to register such a lawsuit in court. If the BTM problem is detained and cannot be present in court, it should be okay. Has he appointed Eggi and Khozinudin to represent himself?," added Yusril.

In fact, according to Yusril, the detention of BTM could actually be 'played' by Eggi and Khozinudin to build opinions outside the court in order to obtain moral, opinion and political support for their lawsuits. Although such opinions should not influence judges in adjudicating a case, indirectly this opinion remains important.

"So, I can also ask whether the detention of BTM is only an excuse to withdraw the case, or did the lawyers know from the start that the evidence that will be presented at the trial will be less convincing?" said Yusril.

According to the former Minister of the State Secretariat, the police did not need to detain BTM when they were filing a lawsuit against Jokowi's false certificate in court. Let the trial take place and see the court's decision whether Jokowi's diploma is fake or not.

On the other hand, BTM lawyers also don't need to put forward a reason because BTM is detained, it is difficult to collect evidence and then withdraw the lawsuit. As lawyers, they should advise BTM to continue the lawsuit.

"Like the saying, it must go to the end, it must sail to the edge. BTM must also with the Knight accept whatever the court decision will be, the lawsuit is granted or rejected with all its implications. Likewise Jokowi," said Yusril. "It would be nice if President Jokowi told the public, for example, 'I know someone has sued me in court and accused my diploma of being fake. I have appointed a lawyer to represent me in court. As President, even though this lawsuit is addressed to me personally, I invite the panel of judges to examine and decide this lawsuit based on law and justice to finally decide whether my diploma is genuine or not. Let's wait for a court decision'. If President Jokowi's remarks are like that, people will increasingly respect him and consider him a true statesman, "said Yusril. But unfortunately, Yusril added, BTM was arrested and thrown into custody. Unfortunately, Eggi and Khoizin withdrew the lawsuit that had entered the trial.

"Finally, the law does not carry out its function to give a break to a disputed problem. Meanwhile, political controversy will continue without any sign of when it will end," concluded Yusril Ihza Mahendra.