Polda Metro Asked To Prioritize The Principle Of Evidence In Firli Bahuri's Case

Former KPK Chairman Firli Bahuri after fulfilling the summons of the KPK Council at the KPK Anti-Corruption Education Center Building (ACLC), Jakarta, Monday, November 20. (Between-M Risyal Hidayat)

JAKARTA - Polda Metro Jaya was asked to put forward the principles of clear evidence in handling cases of alleged extortion with the suspect former Chairman of the Corruption Eradication Commission (KPK) Firli Bahuri. This is because the case has not yet come to legal clarity.

"If you look at the criminal law, this case is relatively simple. Evidence in criminal cases is sufficient to be carried out by fulfilling two valid pieces of evidence," said Mataram University legal practitioner Sirra Prayuna to the media, Thursday, November 28.

According to him, the clear principle of proof must be applied. Thus, the legal process for this alleged extortion case will not be intangible.

It is known that the case has been rolling for more than a year. It was recorded that Firli Bahuri was named a suspect on November 23, 2023.

"In the context of proof, if someone extorts, of course someone is blackmailed. Then, it must be known when the incident occurred, where is the place, how, and who are the witnesses who see and hear directly. Those are all important elements that can be proven legally," he said.

So far, Polda Metro Jaya has 123 witnesses and 11 experts have been examined in this case. However, the case file is still declared incomplete even though investigators have repeatedly transferred it to the prosecutor's office.

"If until now there is not sufficient evidence, then for the sake of justice, investigators need to consider stopping the investigation as stipulated in Article 109 paragraph (2) of the Criminal Procedure Code," explained Sirra.

Sirra Prayuna also highlighted the importance of protecting human rights in the law enforcement process. According to him, Firli's right as a legal subject must be respected in accordance with constitutional principles.

"In the 1945 Charter of Human Rights and the 1945 Constitution, everyone is guaranteed to receive fair and proportional legal treatment. Firli Bahuri's constitutional rights as a citizen must be respected, including the right to obtain legal clarity," he stressed.

"It has to be purely a matter of law, not another matter so that it creates legal uncertainty. A person cannot be held hostage by his status because of the lack of evidence," he concluded.

Professor of Criminal Law at Padjadjaran University, Romli Atmasasmita said that in determining the suspect, there must be at least 2 sufficient preliminary pieces of evidence. Sufficient preliminary evidence means that it must comply with the standard operating standards of the procedural law.

"So the evidence collected by the Regional Police so far does not meet the requirements regulated by the Law. The preliminary evidence is sufficient, so it means that it is not enough. The witness is there but he does not see, does not hear, does not experience. The witnesses only said, 'I heard from Anu, I heard from Anu'," he said. This is called testimonium de auditu witness, which is only what he said, this is not allowed, "said Romli