ACC: Pertimbangan Putusan Praperadilan Novanto Cacat Hukum

Hukum9,389 views

KESBANG.COM, JAKARTA – Peneliti Anti Corruption Committee (ACC) Wiwin Suwandi menyatakan bahwa pertimbangan Hakim Tunggal Cepi Iskandar dalam putusan praperadilan Ketua DPR RI Setya Novanto cacat hukum.

Wiwin melalui keterangan tertulisnya di Jakarta, Minggu menyatakan hakim dalam pertimbangannya menilai alat bukti penetapan Setya Novanto sebagai tersangka diambil dari pengembangan kasus Irman dan Sugiharto.

“Pertama, hakim lupa bahwa kasus Irman dan Sugiharto serta Setya Novanto merupakan satu kesatuan perkara korupsi KTP-e sehingga memiliki benang merah atau keterkaitan satu sama lain,” kata Wiwin melalui keterangan tertulisnya di Jakarta, Minggu.

Menurut dia, penggunaan alat bukti terkait Setya Novanto terhadap tersangka lain dalam satu perkara yang sama adalah hal yang lazim.

“Yang bermasalah kalau alat bukti tersebut diambil dari kasus lain yang tidak memiliki benang merah dalam kasus aquo,” kata Wiwin.

Selanjutnya, kata dia, penetapan tersangka dalam proses penyidikan bukan soal jarak waktu penerbitan Surat Perintah Penyidikan (Sprindik) dan penetapan tersangka, tetapi kecukupan alat bukti sebagaimana diatur dalam Kitab Undang-Undang Hukum Acara Pidana (KUHAP).

“Ketika KPK menilai alat bukti sudah cukup dalam menaikan status Setya Novanto sebagai tersangka, berarti KPK berpegang pada alat bukti.

Oleh karena itu, kata dia, masalah jarak waktu itu tidak menjadi persoalan karena prosedur penyelidikan dan penyidikannnya sudah dipenuhi termasuk menyampaikan Surat Perintah Dimulainya Penyidikan (SPDP).

Sebelumnya, Hakim Tunggal Cepi Iskandar yang mengadili perkara praperadilan Setya Novanto menyatakan bahwa alat bukti yang diperoleh KPK merupakan hasil penyidikan dan penyelidikan dalam perkara lain.

“Menimbang bahwa setelah diperiksa alat bukti yang diperoleh termohon seluruhnya hasil pengembangan dari perkara orang lain, yaitu Irman dan Sugiharto, dan Andi Agustinus alias Andi Narogong,” kata Cepi saat membacakan putusan praperadilan Setya Novanto di Pengadilan Negeri Jakarta Selatan, Jumat (29/9).

“Menimbang bahwa berdasarkan bukti-bukti yang telah diperoleh termohon dengan memeriksa sejumlah saksi, membuka dokumen, dan setelah dipelajari seluruh bukti yang diperoleh pemohon sesungguhnya bukan berdasarkan Surat Perintah Penyidikan No.Sprin.Dik-56/01/07/2017 tanggal 17 Juli 2017 sebelum dan sesaat pemohon ditetapkan sebagai tersangka,” kata Cepi.

Artinya, kata Cepi, ketika pemohon ditetapkan sebagai tersangka, KPK belum melakukan penyidikan dalam perkara aquo, belum memeriksa calon tersangka, saksi-saksi serta alat-alat bukti.

“Karena secara logika hukum, termohon harus mempunyai waktu dan dalam waktu yang singkat Sprindik 17 Juli 2017 untuk melakukan penyidikan dan menetapkan tersangka, sesuatu yang tidak mungkin dilakukan oleh termohon,” katanya. (Ant)

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