Highlight the Behavior of Prosecutors, Community Legal Aid Requests the Attorney General's Appeal

Poros Nasional. The Community Legal Aid Institute (LBH) has questioned Attorney General Prasetyo because the prosecutor handling the case of his client, Sadikin Arifin in the North Jakarta District Court, is acting arbitrarily. In this case, Sadikin was accused of being involved in illicit drug trafficking with a foreign national who was shot dead by officers of the National Narcotics Agency (BNN).


However, according to the Public Lawyers for LBH Masyarakat, Ma'ruf Bajammal, prosecutors continued to postpone the trial for the sixth time without legal grounds. As a result of the delay, the hearing was not carried out.


Public LBH Lawyer Ma'ruf Bajammal said the agency would carry out further legal efforts if the prosecutor had not yet read out the demands at the next hearing on Thursday (November 22, 2018).


"We are still considering, for example, making a lawsuit against the law, the public prosecutor who postpones and bids the time of prosecution. Because this is clear, it creates uncertainty for our clients. It is very detrimental, because everyone is guaranteed legal certainty and fair treatment. "Ma'ruf Bajammal said in Jakarta on Monday (11/19).


Ma'ruf added prosecutors were also not serious in carrying out prosecution duties. Because, he said, the prosecutor explicitly stated that he was unable to present evidence of recorded conversations at the trial. Even though the evidence is important because it involves proving the case alleged to Sadikin Arifin.


In addition, the attitudes of prosecutors who continue to postpone the trial are contrary to Article 50 of the Criminal Procedure Code which in its explanation mandates an alleged criminal offender to have the right not to be adrift of his fate, especially those subject to detention. While Article 74 of Law Number 35 of 2009 concerning Narcotics has mandated narcotics cases to be a matter of priority for resolution.


Also adding, the Indonesian Justice Faculty Monitoring Society of the University of Indonesia (MaPPI FHUI) similar case also happened to Baiq Nuril who was convicted by the Supreme Court in the case of the ITE Law. Because in the Baiq case, there was also no evidence in the form of cellphones and recordings of the original conversations presented by the prosecutor to the trial.


"We regret that this happened in PN in Jakarta. This is in Jakarta just like this, especially in the regions. Actually, some of our findings are in other similar cases. Like the Prosecutor who is not prepared for demands, also in other cases, "Joshua said.


Joshua explained that a number of findings of the violation had been categorized as disciplinary. Therefore, he said, the attorney general's office or the prosecutor's commission could already give sanctions to the prosecutor who committed the violation.


VOA Indonesia has tried to confirm to Attorney General Prasetyo on the summons filed by LBH Masyarakat. However, until this news was revealed there was no response from Prasetyo.

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