JAKARTA - Criminal law expert from the University of Indonesia Eva Achjani Zulfa explained that the concept of arresting hands based on the Criminal Procedure Code (KUHAP) is a criminal act against criminals with evidence attached to them.

This was conveyed when he was an expert at the trial of alleged bribery and gratification of Gregorius Ronald Tannur's acquittal with the defendant inactive judge of the Surabaya District Court, Heru Hanindiyo.

"The concept of being caught red-handed is simply a person who is indeed carrying out his non-criminal activities, there is evidence attached to him, then at the same time he was arrested," Eva said during a trial at the Jakarta Corruption Court, Friday, March 21.

Eva said that the concept of arrest was contained in Article 1 point 19 of the Criminal Procedure Code.

In her statement, Eva had given an example of a arrest case such as a chicken thief. The perpetrator was arrested while stealing or stealing someone else's chicken.

"There is a chicken thief in the chicken coop, holding a chicken, caught by the community. So the context is that he was caught red-handed is someone who is indeed carrying out criminal acts and he was caught doing it," he said.

Still in the example of the case, Eva continued, the perpetrator who had been caught red-handed must be taken to the nearest police post. To be followed up according to the legal process.

"The reason then in the Criminal Procedure Code is that he must be taken to the nearest police post to make a report on the handover ceremony to investigators," said Eva.

For information, Heru Hanindiyo is one of the inactive judges of the Surabaya District Court who was charged with accepting bribes in the form of gifts or promises amounting to Rp4.67 billion and gratuities in the case of alleged bribery and gratification for granting acquittal to the convicted murder of Ronald Tannur in 2024.

In addition to bribes, the three are also suspected of receiving gratuities in the form of rupiah and various foreign currencies, namely Singapore dollars, Malaysian ringgit, Japanese yen, euro, and Saudi riyals.

In this case, Heru Hanindiyo is said to have been caught in a hand arrest operation carried out by the Attorney General's Office (AGO).

Heru in the memorandum of objection or excess stated that there was a violation of procedures. This is because investigators cannot show permission from the Chief Justice of the Supreme Court (MA) based on the provisions of Article 26 of the Law on General Courts.

"If from the start the procedure has been wrong, then the legal consequences are that all legal processes are invalid," said Heru

Heru was charged with Article 12 letter c or Article 6 Paragraph (2) or Article 5 Paragraph (2) and Article 12 B in conjunction with Article 18 of Law (UU) Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 jo. Article 55 Paragraph (1) 1st of the Criminal Code.


The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)

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