Helmut Hermawan's First Trial Held Online, MAKI: Legal Defect, Legal Counsel Must Submit Objections

JAKARTA - The inaugural trial of former president director of PT Citra Lampia Mandiri (CLM) Helmut Hermawan related to the Mining, Mineral and Coal cases will soon be held at the Makassar District Court. However, the trial will be held online.

However, the implementation of the online trial was criticized by the Coordinator of the Indonesian Anti-Corruption Society (MAKI) Boyamin Saiman. He said the implementation of online trials during the end of this pandemic became legally flawed.

He reasoned that the judiciary would be flawed if the trial was still being conducted online, because there was no emergency reason for the COVID-19 pandemic.

"The online trial should have been deleted. If it is still there, it means that it is a legal defect. Because there is no emergency reason. The attorney should have submitted an objection to the panel of judges," Boyamin told reporters, quoted Wednesday, May 10.

Some of the considerations that should be noted are, first, that this online conference trial is against the Constitution, Criminal Procedure Code and Judiciary Power.

"It is clear in essence that the defendant must be physically present, if then the defendant is presented online so that it is contrary to the Constitution, both the Criminal Procedure Code and the Judiciary Authority," he said.

Second, this online trial has the potential to hinder the material truth of the case which should be explored by all parties. Whereas if the defendant is presented in person, all parties can explore comprehensively.

"This includes seeing gestures in the evidence, for example gestures from witnesses. Because you want to dig up material, not formal, like what happened at a civil trial. So that if it is far away, online or online, it will certainly be very inhibiting. Troubles happen, then there could be interference with networks and hacking," he said.

The third reason is related to the Supreme Court Circular (MA), that face-to-face trials can be held for defendants who are not detained and online trials for detained defendants are very unreasonable.

"Does it guarantee that if the defendant is not detained, the face-to-face trial guarantees that all are healthy? And is not detained, he is free from Covid-19? The fact is that Covid-19 is more free," he said.

Meanwhile, Helmut Hermawan's attorney, Sholeh Amin, said that with the revocation of the pandemic status and becoming an endemic, the basis of the online trial in criminal cases on the grounds that there was a pandemic could no longer be used as a basis.

"With the live trial, law enforcers such as the panel of judges, prosecutors and advocates can interact directly with the defendants and witnesses," he said.

So, he continued, law enforcers can dig into getting the real truth.

"Because the basis of the pandemic emergency no longer exists. For this reason, the purpose of criminal justice and 'illegal juctice' can be realized by holding a live trial," he said.