JAKARTA - Lokataru Director Haris Azhar and KontraS Coordinator Fatia Maulidiyanti are now suspects in the alleged defamation of the Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan. Both will be questioned as suspects today, Monday, March 21.
The news regarding the determination of the suspect was conveyed by the Head of Public Relations of the Metro Jaya Polic, Grand Commissioner Endra Zulpan. He confirmed the naming of suspects against Haris and Fatia for alleged defamation by Luhut.
"Essentially, my statement confirms first. Both have become suspects. Monday is scheduled for examination," said Endra when confirmed on Saturday, March 19.
Regarding the schedule for the examination, Julius Hebrew who is part of the Advocacy Team for Democracy who is also Fatia's attorney said the two human rights activists had received summons as suspects since Friday, March 19. Both will certainly be present at the summons.
"For brother Haris Azhar himself at 10.00 western Indonesia time, for brother Fatiya at 14.00 western Indonesia time. This means that this is a synergistic call, simultaneously because they are together," said Julius in a press conference that was broadcast online after the determination of the suspect.
Adding that statement, Haris also said that he would be present for inspection if there were no obstacles. "Just want to emphasize, I will, God willing, if I am healthy I'll come Monday," said Haris.
"We haven't thought about the costume yet, but God willing, I will come," he added.
Make sure it's not criminalization
The determination of this suspect then became the spotlight. The police are considered to have criminalized Haris and Fatia who are considered to be voicing the issue of Papua through videos that were then uploaded to Haris Azhar's YouTube account.
The video is titled 'There's Lord Luhut Behind Intan Jaya's Military-OPS Economic Relations!! General BIN is also there!'.
In the video, the two discuss the results of research from a number of organizations such as KontraS, Walhi, Jatam, YLBHI, Pusaka about the business of TNI AD officials or retirees behind the gold mining business as well as plans to exploit the Wabu Block area in Intan Jaya, Papua.
This assumption was later dismissed by the Head of Public Relations of the Polda Metro Jaya Grand Commissioner Endra Zulpan. He emphasized that Haris and Fatia's determination was in accordance with the legal facts obtained during the case. "No (criminalization), lah. We work based on legal facts. So, we hope that all of them follow the existing mechanism, including them too," said Zulpan when confirmed, Sunday, March 20.
Zulpan emphasized that the determination of the suspect was in accordance with Article 184 Paragraph (1) of the Criminal Procedure Code. In the article, it is stated that the valid evidence is witness testimony, expert testimony, letters, instructions, and statements from the defendant. explained Zulpan.
Asked for a restorative approach
Member of Commission III of the DPR RI, Arsul Sani, also spoke about the determination of the suspect. The United Development Party (PPP) politician hopes that the legal case that ensnares the two can be handled by adhering to the principles of a restorative approach or restorative justice.
A restorative approach is an approach that is more directed at the conditions of creating justice and balance for both perpetrators of criminal acts and victims. "As a member of Commission III, I hope that the case of Fatia and Haris Azhar can be resolved with a restorative justice approach, even though there has been a suspect determination," said Arsul in his statement, Sunday, March 20.
Arsul said police investigators were considered to have tried to take a restorative approach in the ongoing investigation process. But this step is still considered not successful.
Thus, he hopes that in the future, the Prosecutor's Office as the prosecution institution will seek to return to this restorative approach. Moreover, Attorney General ST Burhanuddin often encourages the expansion of case resolution based on a restorative approach.
On the other hand, continued Arsul, this case will also more or less affect the assessment of the quality of democracy and the space to criticize public officials. "This also needs to be seen by our law enforcement officers," he concluded.
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