Todung Mulya Lubis Criticizes Judge In Mardani Maming Case, Trapped In Limited Perception

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JAKARTA - Human rights activist Todung Mulya Lubis also commented on the results of the review (PK) of the Mardani H Maming case. The judge in this case appears to be trapped by certain influences or influence of the situation.

According to Todung, the panel of judges in making decisions only considered the testimony that came from those who did not see the incident firsthand, while other different testimonies were ignored.

"In this case, I feel the judge seems trapped in a limited perception," he said in a discussion held by CNN some time ago.

Prof. Todung's opinion is also supported by Prof. Hanafi Amrani, who also conducted an examination of the case. Prof. Hanafi assessed that there was an error in the legal application in the Mardani H Maming case which caused a number of legal facts in the trial to be ignored.

He underlined that Article 12B used in this case lacks a solid basis of facts. Based on this article, bribery cases must meet several elements, including givers, recipients, and agreements that violate the rules.

These elements in the court are not proven, there is no meeting of minds (equalities of will) between the two parties. However, the judge concluded that the flow of funds to the defendant's company was considered a reward and a secret agreement, "he explained.

According to Prof. Hanafi, the judge's view in this case was an unacceptable leap of thought and was not legally proven in court.