Haji Isam Reports Witness In Court, KPK Reminds To Respect Legal Process

Illustration-KPK RI Building (Photo: DOK VOI)

JAKARTA - Samsudin Andi Arsyad alias Haji Isam was asked by the Corruption Eradication Commission (KPK) to respect the ongoing trial at the Jakarta Corruption Court. This warning was conveyed after Haji Isam filed a complaint against a witness in the tax bribery case, Yulmanizar, to the police.

"KPK asks all parties to mutually respect the ongoing legal process. Do not let certain parties then report a criminal act in the form of an alleged submission of false information from a witness during the trial process," said Acting KPK Spokesperson for the Field Ali Fikri's action to reporters, Thursday, September 7.

He said reports made by certain parties to the police could affect certain parties. In fact, every statement from the witnesses presented to the trial is very much needed by the panel of judges and the public prosecutor to assess the legal facts of a case.

"It is feared that this could interfere with the independence and courage of the witness to reveal what he really knows and feels," said Ali.

Furthermore, he said the party entitled to report witnesses on suspicion of false testimony was the public prosecutor. This is in accordance with the criminal procedure law in Article 174 Paragraph (2) which reads, "If the witness persists in his statement, the judge at the trial chair because of his position or at the request of the public prosecutor or the accused may give an order that the witness be detained for further prosecution on an oath charge. false."

Moreover, the witness's testimony will later be confirmed with other information and tested for truth so that it can become a legal fact.

"The testimony of a witness on what he knows and has personally experienced in order to reveal the truth before the trial, of course, will be assessed by the Panel of Judges, the Prosecutor, and the defendant or his attorney," said Ali.

Previously, Haji Isam reported Yulmanizar to the Criminal Investigation Unit of the National Police on suspicion of committing perjury and false information. This report resulted in Haji Isam being called 'flirting' with a former tax official at the Directorate General of Taxes.

"That's true (reporting Yulmanizar)," said Haji Isam's lawyer, Junaidi when confirmed, Wednesday, September 6.

Originally, Yulmanizar was a witness in the trial of alleged corruption with the defendants Angin Prayitno Aji as the former Director of Audit and Collection and Dadan Ramdani as Head of the Sub-directorate of Audit Cooperation and Support at the Directorate General of Taxes.

In the BAP, Yulmanizar called Haji Isam 'flirting' to condition the value of PT Jhonlin's tax calculation. The report is registered with the number LP/B/0606/X/2021/SPKT/BARESKRIM POLRI dated Wednesday 6 October 2021.

One of the reasons behind this report is because Haji Isam never did what Yulmanizar said. Thus, legal action was taken to restore his good name.

As for the report, Yulmanizar is suspected of violating Article 242 of the Criminal Code Law Number 1 of 1946 concerning the Criminal Code, the criminal act of defamation as referred to in Article 310 and/or 311 of the Criminal Code Law Number 1 of 1946 concerning the Criminal Code.