UII Criminal Law Expert Talks About The Elements Of Bad Consensus, Joko Tjandra Unproven

Joko Tjandra (Photo: ANTARA)

JAKARTA - Criminal law expert at the Islamic University of Indonesia (UII), Mudzakir, alluded to the unfulfilled element of conspiracy in the Joko Tjandra case.

Originally, Mudzakir was an expert in the trial of alleged gratification of the Supreme Court (MA) fatwa arrangement and the removal of red notices with the defendant Joko Tjandra.

The statement was initiated when Joko Tjandra's attorney, Soesilo compared a case. Three people plot something against the law. But in the process, one of them chose to resign and refused to get involved.

With that example, Soesilo then went on to ask the question of whether in the case of the elements of an evil consensus still being fulfilled. This is because the case example is similar to the case sequence for the alleged ratification of the fatwa MA.

"My question is whether this includes conspiracy or attempted crime?", asked Soesilo during a trial at the Corruption Court, Jakarta, Thursday, February 18.

So, Mudzaki explained that if he looked at the case, the person who decided not to be involved was considered not to be involved in an evil consensus.

The reason is that the element of the criminal consensus is that there is already an actor in the form of an act.

"So if for example there are 3 or 4 agreeing to do evil and it has been manifested in the form of an act, let's call it the initial preparation. Then resign because they don't want to be involved in the process further and he makes a statement of resigning or not agreeing and so on", said Mudzakir.

"According to the expert at that level it means that he is no longer part of the agreement because he has already made a statement of resigning or not participating or canceling participation in the malicious intent", he continued.

Then, Mudzakir also said that evil consensus was based on the intention of each individual. Thus, when an individual decides to quit or not to be involved, automatically the intention to commit a crime disappears.

"Thus in substance, the main point of the agreement has been lost because the consensus is no longer evil because it has been lost", he said.

For information, in the case of alleged gratification of the fatwa board of the Supreme Court, Joko Tjandra was accused of having committed an evil consensus.

Joko Tjandra was said to have had a bad consensus with Attorney Pinangki Sirna Malasari and Andi Irfan Jaya. This criminal consensus is proven by the existence of an action plan.