Suara.com – The demands that the Public Prosecutor gave to Richard Eliezer or Bharada E with a sentence of 12 years in prison drew controversy. This demand was considered unfair because in the murder case of Nopriansyah Yosua Hutabarat or Brigadier J, Bharada E had acted cooperatively, one of which was by becoming a justice collaborator.
The prosecutor’s demands further disturbed the community’s sense of justice, because Bharada E was prosecuted higher than Putrin Chandrawathi, namely 8 years.
Responding to a number of objections circulating in the community regarding these demands, the Attorney General’s Office spoke up.
According to the Deputy Attorney General for General Crimes (Jampidum) of the Attorney General’s Office Fadil Zumhana, Bharada E’s justice collaborator status is actually wrong.
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Because according to him, Bharada E was the main actor in the murder case of Brigadier J. Meanwhile, the main actor cannot be a justice collaborator.
“For the perpetrators, JC (justice collaborator) cannot be the main actor. I will straighten this out. The law cannot,” said Jampidum Fadil Zumhana in a press conference at the Attorney General’s Office, Jakarta, Thursday (19/1/2023).
If Bharada E cannot become a justice collaborator because he is considered the main actor, then who can?
Criteria for justice collaborators according to the PSK Law
According to LPSK deputy chairman Edwin Partogi, Bharada E is legally a justice collaborator based on Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims.
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He then asked the Attorney General’s Office to re-read the law, in particular Article 28 paragraph 2 letter a and Article 5 paragraph 2 and their explanations.
The sound of Article 28 Paragraph 2 letter a of the Witness and Victim Protection Law is as follows:
“The protection of the LPSK against witness witnesses is provided on the condition that the crime to be uncovered is a crime in certain cases in accordance with the LPSK DECISION as referred to in Article 5 Paragraph (2)”.
Meanwhile, if referring to Article 5 Paragraph 2, it states that the rights of a witness or victim that can be protected by the LPSK are given in accordance with the LPSK’s decision.
In Article 5 Paragraph 3 it is explained that the rights granted in certain cases, as referred to in paragraph 2, can be granted to witnesses, perpetrators, reporters and experts, including people who provide information related to criminal cases.
The following reads Article 5 Paragraph 2: “What is meant by “criminal acts in certain cases” include, among other things, criminal acts of gross human rights violations, criminal acts of corruption, criminal acts of money laundering, criminal acts of terrorism, criminal acts of trafficking in persons, criminal acts narcotics, psychotropic crimes, sexual crimes against children, and other crimes that result in the position of witnesses and/or victims being exposed to situations that are very dangerous to their lives”.
“In the elucidation (Article 5 Paragraph 2) it is stated that criminal acts are not definitive but mention are criminal acts that result in the position of witnesses and/or victims being faced with situations that are very dangerous to their lives,” said Edwin.
Referring to the several articles above, Edwin emphasized that Richard Eliezer’s status as a justice collaborator was acceptable.
Edwin also responded to the Jampidum AGO statement which stated that Bharada E was the main actor in the premeditated murder case of Brigadier J.
According to Edwin. According to the information he received from police investigators, in this case, Harada E was not the main actor.
“In the past, we asked about this first (before protecting Richard) when we met with investigators. Investigators stated that Bharada E was not the main perpetrator,” said Edwin.
Justice collaborator according to SE Supreme Court
To strengthen Bharada E’s statement that he was not a justice collaborator, the Attorney General’s Office quoted one of the Supreme Court Circular Letters No. 4 of 2011.
According to the Head of the AGO’s Legal Information Center Ketut Sumedana, the circular letter clearly states who can become a justice collaborator.
According to him, the Supreme Court Circular Letter does not regulate the concept of a justice collaborator in cases of premeditated murder.
In the circular letter, people who can become justice collaborators are those who are involved in criminal acts of corruption, terrorism, narcotics crimes, money laundering crimes, trafficking in persons, and other organized criminal acts. And not included as the main actor in these cases.
Contributors : Damayanti Heaven
