Legal Expert Boris Tampubolon Criticizes Vina's Murder Case

Legal Expert Boris Tampubolon. (Photo: Special)

JAKARTA - Legal expert Boris Tampubolon gave his views on the murder case of Vina and Eky. Boris criticized the trial of the Vina case, which he said the statements of witnesses must be in accordance with the Minutes of Investigation or BAP.

Legally, witness testimony as evidence is the testimony that witnesses give freely at court hearings and under oath. Not in BAP," he said in a press release received by reporters, Monday, July 22.

According to him, the statements of the witnesses must be in accordance with what he saw, he heard and experienced, not in accordance with the Case Minutes or BAP.

"So if it is true that the witnesses must say according to the BAP, then there is no need for a court process and examination of witnesses in court. The suspect is immediately sentenced, there is no need for a court process," said the founder of the law office Dalimunthe and Tampubolon Lawyers (DNT Lawyers).

Boris also highlighted Pegi Setiawan who could be suspected again after the determination of the suspect. According to him, after the status of the suspect, Pegi Setiawan was declared invalid by the Pretrial Judge, it was difficult to re-determine him as a suspect.

Hal ini sebagaimana diatur dalam Pasal 2 ayat (3) Peraturan Mahkamah Agung No. 4 Tahun 2016 tentang Larangan Peninjauan Kembali Putusan Preperadilan, menyatakan Putusan Preperadilan yang memahkan permohonan tentang tidak sahnya penetapan tersangka tidak menetapkan kewenangan Penyidik untuk menetapkan yang bersangkutan sebagai tersangka lagi setelah memenuhi paling dua alat bukti baru yang sah, berbeda dengan alat bukti sebelumnya yang berkaitan dengan materi perkara," jelasnya.

However, the way for Pegi to become a suspect can still be taken by the police, it's just that investigators must use valid and new evidence, in contrast to the existing evidence.

"This means that the evidence must not be the same, it must be new and different and legal from the existing or previously examined evidence," said the author of the book entitled Guides to Understand Problems (Law) in Society so as not to Become Victims, which was published in 2021.

Boris Tampubolon is an experienced legal practitioner and lawyer, known as a lawyer for entrepreneurs, directors of companies, both private and BUMN in general criminal cases, corruption and business disputes. His work in the world of law has skyrocketed because he often handles big and complicated criminal cases.

He started his career as an assistant lawyer at LBH Jakarta, a legal aid institution founded by the late Adnan Buyung Nasution. Kemnudian became a lawyer at the office owned by senior lawyer Hotma Sitompoel LBH Mawar Saron. After that set up his own law office, namely Dalimunthe and Tampubolon Lawyers (DNT Lawyers).