Doubt The Competence Of Digital Forensic's Expert Witness, Jumhur Hidayat's Attorney: More Suitable To Be An Investigator

Jumhur Hidayat Legal Team Member, Haris Azhar (Photo: ANTARA)

JAKARTA - The team of attorneys for the defendant in the case of spreading fake news, Jumhur Hidayat, questioned the competence and independence of the digital forensic expert presented by the Public Prosecutor (JPU) at the South Jakarta District Court (PN).

"In our opinion, he is more suitable as an investigator than as an expert witness, (because he is too) forced (by the public prosecutor)," said one of the team, Haris Azhar at the South Jakarta District Court, as reported by Antara, Monday, April 5.

The analysis carried out by the prosecutor's experts is more accurately described as investigative work than expert examination.

"It is clear from all the information (experts) that he shows (himself) an employee of the National Police Headquarters (because) what is being carried out (is) an investigation," said Haris.

Apart from the question of the lack of independence of experts, the team considers the experts presented by the prosecutors to be less competent. This is proven by examining the evidence in the form of digital data belonging to Jumhur before the judge issues an order or an order authorizing the examination.

During the trial, the expert said he took Jumhur's digital data and analyzed it from 13-18 October 2020, while the South Jakarta District Court only granted the confiscation warrant on 26 October 2020.

"The testimony of (the expert) was actually burdensome, but it shows that the incapacity (lack of capacity/competence) should lighten (the defendant)," explained Haris.

Regarding the examination of evidence that took place before the appointment of the head of the South Jakarta District Court, Haris was of the opinion that the results of the expert analysis should not be taken into account by the Panel of Judges.

“(It's) illegal. The legal process carried out by him (the expert) should not be taken into account, because it is outside the period of time (a confiscation warrant passed by the court)," explained Haris.

Jumhur Hidayat, for the first time, was present in person in the courtroom to hear the testimony of a digital forensic officer at the National Police Headquarters, who was presented as an expert witness by the prosecutor.

Previously, Jumhur participated in the trial virtually from the detention center (Rutan) of the Indonesian Police Criminal Investigation Agency (Bareskrim).

Jumhur Hidayat, a senior official from the Coalition for the Action to Save Indonesia (WE) was charged by prosecutors with intentionally and without the right to spread fake news that caused chaos. Jumhur, according to prosecutors, spread the hoax via his personal Twitter account.

Jumhur was charged with two alternative articles, namely Article 14 paragraph (1) Jo. Article 15 Law Number 1 of 1946 Criminal Code or Article 45A paragraph (2) Jo. Article 28 paragraph (2) of Law No.19/2016 concerning Amendments to Law No.11/2008 concerning Information and Electronic Transactions.