Kubu Expert Hendra Kurniawan-August Nurpatria Singgung Doenplege In The Obstruction Of Justice Case

The defendant in the 'obstruction of justice' case Hendra Kurniawan (front) is preparing to undergo his first trial at the South Jakarta District Court (PN). (Photo: Doc. Antara)

JAKARTA - University of Indonesia (UI) criminal law expert Eva Achjani Zulfa called the defendants Hendra Kurniawan and Agus Nurpatra as tools that used Ferdy Sambo.

Both of them are categorized as Doenplege so that they cannot be held criminally responsible.

Eva is an a de charge or mitigating expert presented by Hendra Kurniawan and Agus Nurpatra in the trial of the alleged obstruction of investigation or obstruction of justice case of the death of Yosua alias Brigadier J.

Eva conveyed this view when asked by the public prosecutor (JPU) whether or not the recipient of the order could be criminally processed.

Then, Eva also answered that everything depends on the results of the examination. Because, it is possible if the giver and recipient of the order are processed criminally.

"It can be found guilty or innocent in Article 51 paragraph 1 or Article 55 paragraph 2 it can be applied or does not depend on the requirements whether it is fulfilled or not, because orders can be two, it can be doenpleger ordered to do, where people who are ordered cannot be held criminally responsible because there is a forgiveness basis," Eva said at the trial at the South Jakarta District Court, Friday, January 13.

"Or it could also be that the outlook for those who receive or give orders can both be held criminally responsible," he continued.

Hearing that view, the prosecutor asked. This time, by describing a case about an order from the boss to the lowest level of subordinates. Apparently, the order given violated the crime.

Eva again stated that whether or not the subordinates could be prosecuted would refer to the results of the examination.

That's when he mentioned the doenpleger which means someone who commits an act by intermediary with someone else, while the intermediary is only used as a tool.

"In the initial context, we have to see if this is the source of the order. The beginning is whether he gave the legal order or not, then the second received the order," he said.

"So when the first give the order then it goes down, meaning that the second person is valid in Article 55 paragraph 1 of the Criminal Code. This has become a doenpleger, this is all misguided facts. But it could be that number 1 and 2 both know it is invalid and can be implemented. It depends, so please check it one by one," continued Eva.

Hendra Kurniawan and Agus Nurpatra were jointly charged with obstructing the investigation into the death of Brigadier J. Both are said to have ordered to secure CCTV DVR from around Ferdy Sambo's official residence, precisely at the security post of the Police Complex, Duren Tiga, South Jakarta.

For Hendra Kurniawan, he was charged with ordering Agus Nurpatra to order CCTV around Ferdy Sambo's official residence.

Meanwhile, Agus Nurpatra forwarded the order to the defendant Irfan Widyanto.

Thus, they are suspected of violating Article 49 in conjunction with Article 33 subsidiary Article 48 paragraph (1) in conjunction with Article 32 paragraph (1) of the ITE Law Number 19 of 2016 and/or the second indictment Article 233 of the Criminal Code subsidiary Article 221 paragraph (1) to 2 of the Criminal Code in conjunction with Article 55 paragraph 1 to (1) of the Criminal Code.