JAKARTA - Member of Commission III DPR I Wayan Sudirta, assessed that the police must have two pieces of evidence in the arrest of former FPI general secretary Munarman as a suspected terrorist. He believes that the evidence will certainly be opened in court.
"The police must have the evidence. Based on practice, the police have indeed prepared this (evidence, red). If not, it will be prosecuted for pretrial. "Surely the police are not being careless, especially when it comes to figures," Wayan told reporters, Wednesday, April 28.
Furthermore, Wayan explained that the arrest of a person in a case of suspected terrorism crime is different from an ordinary crime. Arrest in ordinary criminal cases, only 1 time 24 hours.
Meanwhile, 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 preliminary evidence 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, said Wayan, the police have 21 days if counted as a whole.
"Article 28 paragraphs 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 crimes," explained the legislator of the Bali electoral district.
The PDIP politician emphasized 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, he said, was that there had to be sufficient initial evidence.
"Is preliminary 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 Sudirta.
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