Belajar Dari Kasus Penetapan Tersangka Nurhayati

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Dunia hukum Indonesia menjadi heboh, sebab seorang pelapor dugaan tindak pidana korupsi bernama Nurhayati malah ditetapkan menjadi tersangka. Pertanyaannya? Siapa yang keliru, siapa yang salah atau siapa yang terburu-buru menetapkan Nurhayati sebagai tersangka.

Perempuan berhijab ini usai ditetapkan menjadi tersangka, akhirnya bakal dihentikan oleh pihak kepolisian. Dimana pada akhirnya, para penyidik belum menemukan alat bukti yang cukup untuk membawa Nurhayati ke meja hijau.

Hal ini sebagaimana disampaikan Kabareskrim Polri Komjen Pol Agus Andrianto kepada wartawan, Sabtu (26/02/2022). Ia juga menyampaikan pimpinan kepolisian belum berencana menindak anggotanya yang menetapkan Nurhayati sebagai tersangka.

Kata Agus, bisa saja saat proses penyidikan kepala desa, ada dugaan perbuatan melawan hukum yang dilakukan Nurhayati, sehingga ada petunjuk Jaksa peneliti untuk mendalami peranan Nurhayati.

Sikap ngeles kepolisian ini sepertinya untuk menutup malu dan menyalahkan pihak Jaksa Peneliti. Katanya lagi, anggotanya dinilai tidak sengaja menyematkan Nurhayati sebagai tersangka, karena masukan dari Jaksa Peneliti.

Agus juga berdalih, pihaknya meminta masyarakat untuk melihat masalah tersebut secara utuh. Pasalnya dari hasil gelar perkara, belum ditemukan adanya unsur kesengajaan dalam penetapan tersangka tersebut.

“Harus melihat secara utuh apakah karena faktor kesengajaan, adanya petunjuk pada P19 yang minta didalami peranan Nurhayati dari jaksa peneliti, dari diskusi dengan Karowassidik dan Dirtipidkor belum terlihat unsur sengaja mentersangkakan Nurhayati dalam kasus tersebut,” ungkap Agus. (Tribunnews, Kamis (26/02/2022)

Lucunya lagi pihak kepolisian sempat mewacanakan untuk menindak anggotanya tersebut. Namun, hal tersebut diurungkan karena tidak ada unsur kesengajaan anggotanya. Kembali lagi, alasannya penetapan tersangka karena adanya masukan dari Jaksa Peneliti dan juga dari diskusi dengan Karowassidik dan Dirtipidkor.

Tidak ada masalah para penyidik tidak dikenai sanksi, sebab agar polisi tidak gegabah melakukan penindakan dan hukuman kepada anak buahnya. Ngak usah buru-buru, biar diperiksa dulu oleh Divisi Propam Polri dan dilanjutkan ke Sidang Komisi Kode Etik Polri.

*Nurhayati Korban Stigmatisasi Jaksa Peneliti Yang Diaminkan Penyidik*

Nurhayati pelapor korupsi jadi tersangka Korupsi adalah korban Stigmatisasi Jaksa Peneliti yang diaminkan penyidik polisi, sehingga akhirnya Penyidik Polisi menetapkan Nurhayati jadi tersangka.

Sekarang ini Bareskrim Polri akan mengeluarkan surat penghentian penyidikan. Artinya, penyidik polisi bisa saja dianggap melakukan kesalahan dalam menetapkan tersangka, karena melakukan Stigmatisasi tersebut kepada Nurhayati, yang akhirnya malah disangka ikut terlibat korupsi.

Padahal hukum itu bukan tergantung pada hukumnya, tapi tergantung pada penegaknya. Artinya kalau penegaknya salah, hukumnya juga akan salah. Makanya ada Banding, Kasasi dan Peninjauan Kembali (PK), agar tidak ada keputusan yang salah.

Orang terlapor, terduga, tersangka, terdakwa dan terpidana-pun belum tentu salah, sampai hukum berkekuatan hukum tetap. Bahkan, jika hukum salah, namanya bisa direhabilitasi dan mendapatkan ganti rugi dari negara. Bahkan Presiden RI diperbolehkan membebaskan tanpa permohonan (amnesti) kepada tahanan usai di dakwa di pengadilan, selama alasan kebenaran dan kemanusiaan.

Negara kita negara hukum, semua warga negara mempunyai kedudukan yang sama dimuka hukum, termasuk membela diri dan mengajukan permohonan keringan hukuman. Hukum positif tetap menerapkan praduga tak bersalah dan dibuat peradilan yang terbuka, adil dan tidak berat sebelah.

Hukum yang sewenang-wenang adalah hukum kekuasaan yang tergantung pada subjektifitas penyidik, tetapi subjektifitas harus dikuatkan oleh dua alat bukti, saksi mata/pengakuan diri, barang bukti atau bukti petunjuk yang mengarah kepada bukti akurat, secara otentik, ilmiah, rasional dan empiris.

Hukum bukanlah ilmu logika. Tapi adalah ilmu hukum dengan bukti-bukti hukum yang ada. Hukum kalau menggunakan logika semata-mata akan menjadi melahirkan asumsi-asumsi yang melahirkan stigmatisasi yang mengarah penyalahgunaan pelaksanaan/wewenang hukum. Terutama dilakukan para penyidik polisi dan kejaksaan yang minim pemahaman hukum positif.

Logika memiliki teori, deduksi dan induksi, dimana dari hal khusus ke hal umum, atau hal umum ke hal khusus. Kalau orang distigmaisasi salah akan cenderung menjadi salah, tapi kalau orang distigmaisasi benar akan menjadi benar. Padahal salah dan benar harus diuji secara rasional dan empiris kata Immanuel Kant tokoh filsafat hukum dan politik.

Rasional saja tidak cukup, tapi perlu hal empiris atau sebuah bukti, fakta dan data dilapangan. Apakah sesuai dengan nalar rasional dan fakta empiris yang ada. Kalau tidak nyambung artinya stigmatisasi bisa menjadi salah dan kita akan salah menghukum orang.

‘Coqito Ergo Sum’, Decrates berkata, ketika aku berpikir maka aku ada. Artinya kata Decrates kalau manusia tidak berfikir dan hanya menggunakan logika saja, makan tidak akan ada kebenaran yang objektif, dimana pikiran hanya melahirkan kebenaran subjektif.

*Polisi Berterima Kasih Masyarakat Ikut Mengkritisi Proses Hukum*

Kepolisian disisi lain menyikapi kasus Nurhayati, menyampaikan terima kasih kepada semua pihak yang memviralkan kasus tersebut. Masalah ini akhirnya juga bisa menjadi bahan evaluasi dan intropeksi diri terhadap internal Polri.

“Kami mengucapkan terima kasih kepada rekan-rekan media dan penggiat medsos yang telah memviralkan hal ini, Bapak Kapolri menekankan kepada jajaran untuk selalu introspeksi diri, tidak anti kritik, sehingga kalau ada hal yang salah atau merusak rasa keadilan masyarakat ya harus berani mengambil sikap,” kata Kabareskrim Polri Komjen Pol Agus Andrianto kepada wartawan, Sabtu (26/02/2022).

Kasus Nurhayati, yang ditetapkan sebagai tersangka, seusai melaporkan kasus dugaan korupsi juga mulai menemukan titik terang. Kasus itu kini direncanakan bakal dihentikan oleh pihak kepolisian.

Penegasan itu disampaikan oleh Kabareskrim Polri Komjen Pol Agus Andrianto. Katanya, kepolisian berencana akan menerbitkan surat perintah penghentian penyidikan (SP3) terhadap Nurhayati.

Ia menyampaikan penerbitan SP3 tersebut setelah Biro Wassidik melakukan gelar perkara. Hasilnya, penyidik menyimpulkan bahwa tidak menemukan bukti yang cukup agar kasus itu dilanjutkan ke persidangan.

“Hasil gelarnya ya tidak cukup bukti sehingga tahap 2 nya tidak dilakukan. Semoga hasil koordinasi Kapolres dan Direskrimsus dengan Aspidsus dan Kejari mengembalikan P21-nya, sehingga kita bisa SP3,” ujar Agus.

Nah inilah sikap kesatria Pimpinan Mabes Polri mengakui kekhilafannya dalam penetepan tersangka Nurhayati Kepala Urusan Keuangan Desa Citemu Kabupaten Cirebon. Bareskrim segera memerintahkan Polres Cirebon untuk menghentikan penyidikan kasus atau SP3 perkara kepada perempuan yang malah ditetapkan sebagai tersangka, padahal sebelumnya dia melaporkan dugaan korupsi Dana Desa.

Pelajaran berharga bahwa, hukum bukan tergantung pada hukumnya tetapi tergantung pada penegaknya. Salam Kebenaran dan Keadilan. (red)

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