Observers Believe That Densus 88 Anti-Terrorism Has Evidence Of Arresting Munarman

Members of the National Police's Densus 88 Anti-terror arrest Rizieq Shihab's Attorney, Munarman (Photo: Antara)

JAKARTA - Executive Director of the Indonesian Police Strategic Studies Institute (Lemkapi) Edi Hasibuan believes the Police's Special Detachment 88 (Densus 88) Anti-terrorism has sufficient evidence to arrest Munarman.

"We believe the police have sufficient evidence. The National Police will never back down to arrest anyone if proven to have violated the law," said Edi Hasibuan, as quoted by Antara, Wednesday, April 28.

According to Edi, the public should give investigators the opportunity to examine Munarman 7 times 24 hours.

"We still hold the presumption of innocence against Munarman," said Edi.

Member of Commission III of the House of Representatives (DPR) I Wayan Sudirta explained that the arrest of a person in a suspected terrorism case is different from an ordinary crime. The arrest of a person in a normal criminal case is only once every 24 hours.

Whereas in cases of terrorism as regulated by Law Number 5 of 2018 concerning the eradication of criminal acts of terrorism, investigators can arrest anyone suspected of committing a criminal act of terrorism based on sufficient proof of receipt for a maximum period of 14 days.

Article 28 paragraph 2 of the law regulates that investigators can apply for an extension of their arrest for seven days to the chairman of the local district court.

"So that it has 21 days if it is calculated as a whole. Article 28 paragraph 1 and 2 of Law Number 5 of 2018, the police have the authority to arrest a maximum of 21 days. This is the freedom given by the law to the police, that is the excess of authority they have, compared to other criminal acts" he said.

Wayan said that Article 17 of the Criminal Procedure Code states that an arrest order is made against a person who is strongly suspected of committing a criminal act based on sufficient preliminary evidence. The condition for the arrest is that there must be sufficient preliminary evidence.

"Is the initial evidence sufficient? It is in the Constitutional Court decision Number 21 of 2014. There must be at least two pieces of evidence. Therefore, the police must be bound by this," said Wayan.

According to Wayan, like it or not, sure or not, the police must have two pieces of evidence. However, he said, the evidence would certainly be opened in court.

"The police must have the evidence. Based on practice, the police have indeed prepared this (evidence). If not, they will be prosecuted before the trial. Surely the police are not being careless, especially when it comes to figures," said Wayan.

DPR Commission III member Masinton Pasaribu asked the public to respect law enforcement in the Police.

"Prioritizing the principle of the presumption of innocence. The rights of Munarman while undergoing examination must still be given," said Masinton.