The sole judge of the Bandung District Court, Eman Sulaeman, granted the pretrial lawsuit filed by Pegi Setiawan. There were several considerations until the judge finally declared the status of suspect Pegi Setiawan invalid.
The judge said that the West Java Regional Police did not carry out investigations according to procedures, including not examining Pegi before determining him as a suspect. The judge assessed that the actions taken by the West Java Regional Police were not in accordance with the Regulation of the National Police Chief Number 14 of 2020 concerning Management of Criminal Investigations, and Regulation of the National Police Chief Number 6 of 2019 concerning Criminal Investigation.
Thus, Eman stated that the determination of the DPO against Pegi Setiawan was illegal legally.
"The judge disagrees with the arguments of the respondent who said there was no need for a summons to the applicant," said Eman in his decision read out at the Bandung District Court, Monday, July 8.
Another consideration is that the judge disagrees with the respondent, in this case the West Java Regional Police and the experts he presents regarding the procedure for determining the suspect. According to the judge, the process of determining the suspect must be carried out first by examining the potential suspect.
"The judge considered that the determination of the suspect was not only sufficient preliminary evidence and two pieces of evidence, but there must be an examination of potential suspects first," he said.
The judge stated that the decision of the Constitutional Court regarding the examination of potential suspects was binding and must be obeyed.
"The facts at trial did not find any evidence that the applicant in the investigation had been examined as a potential suspect," he concluded.
Based on this consideration, the judge stated that the determination of Pegi as a suspect by the West Java Regional Police was not in accordance with the procedure and was invalid according to the applicable law.
"Declaring the defendant's actions as a suspect in premeditated murder is invalid and invalid under the law," Eman said in a verdict hearing at the Bandung District Court (PN), West Java, Monday morning.
The judge granted the request for a pretrial hearing by the legal team of Pegi Setiawan against the West Java Regional Police (Polda).
"The trial granted the pretrial process of determining the applicant on behalf of Pegi Setiawan was declared invalid and canceled for the sake of law," continued Eman Sulaeman.
BACA JUGA:
He said that based on the request, the judge had granted what was proposed so that the pretrial hearing was over.
"Ordered the respondent to stop the investigation of the applicant, order the respondent to release the applicant, and restore the dignity as before," he added.
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