Case Of Alleged Land Mafia, Police Investigators Tried Code Of Ethics

Illustration. (Photo: Pixabay)

JAKARTA - The Profession and Security Division (Propam) of the Metro Jaya Police, Thursday, October 28, held a session of the National Police's Professional Code of Ethics Commission against two former investigators of the Harda Sub-Directorate of the General Crimes Directorate (Ditreskrimum) of the Metro Jaya Police regarding alleged violations of the code of ethics in the investigation of civil disputes that were imposed on the Jakarta Metropolitan Police. criminal realm. Two former investigators from the Harda Sub-Directorate were examined, respectively, AKP Niluh Sri A and Bripka Wahyu.

Both are known to be on the same team as the former Head of Sub-Directorate of Harda, AKBP M. Gafur Aditya Harisada Siregar, who is said to have participated in the code of ethics trial in the same case. Currently, AKBP Gafur is known to have been promoted as Kotabaru Police Chief.

In the trial which took place in the KKEP Bid Propam room, 9th floor of the Polda Metro Jaya Promoter Building today, the reporting witness was also presented, namely R Lutfi, as the party suspected by AKBP Gafur and his team (along with AKP Niluh Sri A and Bripka Wahyu) while still on duty. at Harda Sub-Directorate, and Aldrino Lincoln, witness and attorney for R Lutfi.

Under observation, Aldrino and Lutfi were confronted directly with AKP Niluh and Bripka Wahyu regarding the process of investigating cases entering the yard without the rightful permission, as referred to in Article 167 of the Criminal Code.

As is widely reported in a number of media, R Lutfi is suspected by Gafur Siregar, AKP Niluh Sri, and Bripka Wahyu, on suspicion of entering someone else's yard on Jalan Pecenongan No. 40, Central Jakarta. In fact, Lutfi is the original owner of the land from generation to generation since 1947 with the legality of ownership in the form of Eigendom Verponding No. 8923 which is recorded at the Central Jakarta City BPN.

But then PT Multi Aneka Sarana (PT MAS) suddenly claimed the land as their own on the basis of the legality of SHGB no 1444/Kebon Kelapa issued by the Central Jakarta City BPN office on March 31, 1989 to PT Perkebunan XI which incidentally was a tenant on family land. Lutfi.

It was stated in the SHGB that the history of the issuance came from the state lands of former HGB No. 130, 131, 132, 134, 142/Kebon Kelapa with Eigendom Verponding numbers 20850, 20847, 8387, 20851, and 21896, none of which corresponded to the location of the family-owned land. Lutfi.

In fact, even though there is no match between the rights, the regional police investigators, in this case AKBP Gafur Siregar, AKP Niluh Sri, and Bripka Wahyu, continue to process the PT MAS report and suspect Lutfi. Even though the investigation into the Lutfi case had previously been stopped by the Ditreskrimum Polda Metro Jaya. It was for this arbitrariness that Lutfi then reported the three to the Propam Polda Metro Jaya.

After the examination, Lutfi told reporters that he hoped that the code of ethics trial would be able to reveal the truth of the case in which he was suspected.

"Hopefully the law can be enforced properly. We are suddenly suspected of entering someone's yard. Even though we live on the land for generations and there is legality," said Lutfi.

Aldrino, who was also examined as a witness as well as Lutfi's attorney, added that his party had provided information in the capacity as a witness as well as legal counsel regarding the facts referred to in Lutfi's report.

"Today's trial is AKP Niluh Sri and Bripka Wahyu as investigators and assistant investigators in the case that suspects my client," said Aldrino.

As is known, in the process of investigating alleged violations of the code of ethics by AKBP Gafur Cs at the Police Paminal, as stated in the notification letter on the progress of the PROPAM examination (SP2HP2) dated October 12, 2020 signed by Brigadier General Nanang Avianto, currently has the rank of inspector general (Irjen), It is clearly stated: "When the suspect status was upgraded to the reported party (Lutfi), the investigators had not conducted a thorough examination of the parties related to the case, namely: DKI Jakarta Regional Government Housing Office, Directors of PTPN XI (original owner of SHGB no.1444) and the AKBP Gafur Siregar team itself was finally tried at the Bureau of Professional Accountability (wabprof) on August 5, 2021.

It's just that the Wabprof never informed R. Lutfi of the results of the trial, as the Police Paminal always sends a copy of the SP2HP to the reporting party. AKBP Gafur Siregar actually got a promotion to the New City Police Chief, South Kalimantan.

On this a number of legal experts commented strongly. Criminal law expert at the Indonesian Islamic University (UII) Yogyakarta, Professor Mudzakir, encouraged the Profession and Security Division (Divpropam) of the National Police Headquarters to investigate the motivations and interests behind the decision of the former Head of Sub-Directorate of Harda Ditreskrimum Polda Metro Jaya AKBP Gafur Siregar to reopen investigations of cases whose investigations had been stopped (SP3) .

In the science of criminal law, said Mudzakir, if an object being investigated is not a criminal act, then the investigation process absolutely cannot be reopened. The reason is that it has been concluded as not a criminal act, otherwise known as a permanent SP3. Second, if the SP3 is caused by insufficient evidence, the investigation can be stopped for the sake of legal certainty.

"The next question is whether this SP3 can be reopened? The principle cannot be reopened, unless there is one thing called a new piece of evidence known as a novum. What is meant by a novum is not just a new piece of evidence, but a novum capable of revealing elements criminal acts are fulfilled," he explained.

There has been no comment from the police regarding the trial of the code of ethics and profession in the Polda Metro Jaya Propam Sector. The Head of Propam Polda Metro Jaya, Kombes Bhirawa, has not yet responded to the clarification submitted by journalists.