JAKARTA A number of legal events that have recently occurred are quite interesting to the public, where the police investigators in several cases positioned the victim as a suspect. Recently, an accident that killed a student at the University of Indonesia (UI) was caused by an accident involving a car driven by a retired police officer.
From the accident, the victim, Hasya Athallah, was named a suspect even though he had died as a result of the accident. Was this commitment pinned to victims of traffic accidents in the eyes of the law?
Chairman of the Indonesian Law Enforcement Consortium (KOPHI) Rudy Marjono assessed that Hasya could not be named a suspect even though from the results of the crime scene (TKP), the victim was in an inappropriate position.
In my opinion, the determination of the suspect against the victim who died cannot be named a suspect. He is still a victim even though the results of the crime scene can be the wrong victim. However, this is not the fault that the suspect can be determined. This kind of thing is inappropriate. Because the suspect's name cannot explain in defending himself because the person concerned died. This doesn't make sense," said Rudy while talking to VOI, Saturday night, January 28.
Rudy said, the car driver, a retired police officer with the initials E, who hit Hasya, could be a suspect. Because according to him, it was clear that E had hit the victim's motorbike.
The driver of the car should have the potential to be named a suspect in the incident. Because the car he was driving had hit the victim's motorbike. And whether the car driver, even though he is a retired police officer, is guilty or not, let the judge decide later whether he meets the elements of Article 359 of the Criminal Code Jo. Article 310 paragraph 4 of Law No. 22 of 2009 or is there a reason for right and forgiveness so that he cannot be convicted. That's what needs to be proven fairly. Because when the victim had an accident and as a suspect where was it wrong? Without being punished he was dead.
Rudy considered this case to be strange. According to him, there are other better ways than taking decisions that make noise in the eyes of the public. Moreover, the victim is an outstanding student.
Not in a naive way, making the accident victim easily named a suspect. Perceptions like this should end soon. It is better if the resolution of Justice Restoration is more ethical and more harmonious because it is based on a sense of kinship and responsibility, peace, rather than blaming each other or looking for the truth themselves. Moreover, the victim was named a suspect, already lost a family member, still burdened with the status of a suspect. It sounds uncomfortable in the hearts of people who feel sadness as a result of the incident. "explained Rudy.
Hasya Atallah died because he was hit by a retired police officer with the initials ES and was named a suspect. The reason is that he was considered negligent while driving. Traffic Director of Polda Metro Jaya Kombes Latif Usman told reporters on Friday, January 27, saying Hasya was negligent in driving. "Because he was the cause, he was not careful when riding a motorcycle," said Latif. In the rain weather he should know the conditions," he said. "Yes, this negligence resulted in an accident. This is because his negligence resulted in death," continued Latif while for retired police officers, Latif said he did not make a mistake. He was considered to be on the right side by the applicable rules. "First he was already on his own path. With the distance we calculated Mr. Eko could not avoid the reflex. Even though Mr. Eko said he had swerved left but there was not enough room to avoid accidents," said Latif.
At different times, the University of Indonesia Alumni Association (ILUNI UI) stated that it would continue to oversee the advocacy process for the death of M Hasya Athalah, a FISIP UI student at the 2022 Force Department of Sociology Bachelor Program who died in a traffic accident in the Srengseng Sawah area, South Jakarta on October 6, 2022, then.
Rian Hidayat, as the ILUNI UI Advocacy Team for victims Hasya emphasized that his party continued to guard until the late Hasya got justice.
"We want this to be processed, so that there is justice and transparency. Regarding wrong or right, let the court's decision be later. Because what we got the latest information about the SP3 was because the late Hasya had died," Rian told VOI at the ILUNI UI Secretariat, UI Salemba Campus Rectorate Building, Central Jakarta, Friday, January 27.
ILUNI UI also questioned the attitude towards the Police regarding the determination of the suspect against Hasya.
"We are wondering why the deceased has been named a suspect. We will demand justice," he said.
Currently, ILUNI UI is still conducting a joint study regarding plans for a pretrial.
"(pretrial) We are reviewing it again with the team, but we have tried it, later we will inform further. What is clear is that first we question about this SP3. How can this suspect be the victim whose SP3 is because he died," he said.
The police admit that they do not have enough evidence to determine AKBP Purnawirawan Eko Setia BW as a suspect in the accident that killed UI student Muhammad Hasya Atallah Syahputra.
Traffic Director of Polda Metro Jaya Kombes Latif Usman explained, for Eko this also from witness statements also cannot be used as a suspect, because he is in the main right position of road users.
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