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Petaka Bagi Pelapor Yang Tidak Taat Hukum Berakibat Menjadi Terlapor Oleh Jaksa Penuntut Umum

ByRay, R.A.

Jan 2, 2023 ## Petaka Bagi Pelapor Yang Tidak Taat Hukum Berakibat Menjadi Terlapor

KABUPATEN BEKASI – Inforayanews.co.id Belum lama ini Pengadilan Negeri Serang telah memutuskan Perkara seorang Publik Figur (NM) yang menjadi Terdakwa pada tanggal 29 Desember 2022, dan berakhir dengan vonis putusan sebagai berikut:

Menyatakan penuntutan Penuntut Umum atas diri terdakwa NM tersebut diatas tidak diterima; Memerintahkan terdakwa NM untuk dibebaskan dari tahanan segera setelah putusan ini diucapkan; Memerintahkan Panitera Pengadilan Negeri Serang mengembalikan berkas perkara Nomor 853/Pid.Sus/2022/PN Srg atas nama terdakwa NM kepada Penuntut Umum;
Adapun perkara yang dilaporkan terkait dugaan tindak pidana Undang-Undang ITE serta pencemaran nama baik sesuai Pasal 45 dan Pasal 51 UU ITE dan Pasal 311 KUHP.

Pada awalnya NM dilaporkan oleh DM atas dugaan pencemaran nama baik dengan jeratan pada UU ITE ke Polres Serang dan sempat ditahan di Rutan Serang oleh pihak Kejaksaan setempat.

Akibat putusan tersebut Jaksa Kejaksaan Negeri Serang melakukan banding atas putusan tersebut dan melakukan pelaporan pidana kepada saksi pelapor yang tidak pernah hadir dalam persidangan dengan “Menyimpulkan adanya dugaan perbuatan yang bersangkutan telah dengan sengaja tidak memenuhi kewajibannya sebagai saksi pada perkara pidana, serta diduga menghalang-halangi atau mempersukar,” sebagaimana Pasal 224 KUHP serta dugaan menghalang-halangi atau mempersukar penuntutan sebagaimana Pasal 221 KUHP,”

Terhadap peristiwa tersebut media lakukan bincang santai dengan praktisi hukum Ulung Purnama,SH,MH. selaku Direktur Kajian & Bantuan Hukum (KBH-red) Wibawa Mukti di kantornya yang terletak di Ruko Cortes Jababeka, Desa Simpangan, Kecamatan Cikarang Utara, Kabupaten Bekasi , Jawa Barat, Senin (02-01-2023)

Menurut pendapat Bang Ulung Purnama mengenai kasus (NM) pemeriksaan pada sidang pengadilan pembuktian tersebut meliputi jenis alat bukti yang terdapat dalam pasal 184 KUHAP yaitu: 1. Keterangan saksi 2. Keterangan ahli 3. Surat 4. Petunjuk 5. Keterangan terdakwa seperti yang telah disebutkan diatas salah satu jenis alat bukti adalah dibutuhkannya keterangan saksi dalam persidangan.

Apakah pengertian saksi ? Sesuai pasal 1 nomor 26 KUHAP, yaitu: “Saksi adalah orang yang dapat memberikan keterangan guna kepentingan penyidikan, penuntutan dan peradilan tentang suatu perkara pidana yang ia dengar sendiri, ia lihat sendiri dan ia alami sendiri”. Terang Ulung Purnama.

Penuntut umum diberikan wewenang untuk memanggil saksi untuk hadir pada sidang yang hari dan tempatnya telah ditentukan. Saksi harus dipanggil secara sah yang diatur dalam pasal 145 dan 146 KUHAP. Surat panggilan harus memuat tanggal, hari, jam sidang, tempat persidangan, untuk perkara apa saksi dipanggil sesuai dalam pasal 146 KUHAP.

Kesaksian, sambung Ulung Purnama, merupakan kewajiban bagi setiap orang yang dibebankan oleh hukum kepadanya untuk ikut membela kepentingan umum. Hal tersebut terdapat dalam pasal 159 ayat (2) KUHAP yaitu: “Dalam hal saksi tidak hadir, meskipun telah dipanggil dengan sah dan hakim ketua sidang mempunyai cukup alasan untuk menyangka bahwa saksi itu tidak akan mau hadir, maka hakim ketua sidang dapat memerintahkan supaya saksi tersebut dihadapkan ke persidangan”.

Dalam pasal yang telah disebutkan diatas memberikan keterangan bahwa sebagai saksi dalam pemeriksaan perkara pidana dalam sidang merupakan kewajiban bagi setiap orang, Ujarnya.

Ulung Purnama,SH,MH. juga menambahkan Kesaksian merupakan kewajiban hukum yang mana berarti harus dipatuhi dan apabila menolak atas kewajiban tersebut maka dapat dikenai tindak pidana apabila saksi yang telah dipanggil secara sah tidak mau hadir dalam sidang tanpa alasan yang sah, hakim dapat memberikan perintah terhadap penuntut umum supaya saksi “dihadapkan” ke pengadilan. Yang mana artinya saksi akan dihadirkan secara paksa dalam sidang pengadilan oleh penuntut umum apabila tidak mau hadir secara sukarela.

Saksi yang telah dipanggil secara sah apabila tidak hadir dalam sidang dapat dikategorikan sebagai tindak pidana yang dapat dikenai Pasal 224 KUHP : “Barang siapa dipanggil sebagai saksi, ahli atau juru bahasa menurut undang- undang dengan sengaja tidak memenuhi kewajiban berdasarkan undang- undang yang harus dipenuhinya, diancam: Dalam perkara pidana, dengan pidana penjara paling lama sembilan bulan dalam perkara lain, dengan pidana penjara paling lama enam bulan”.

Akan tetapi ada pengaturan lain yang menyebutkan bahwa seorang saksi dalam perkara terorisme, pencucian uang, narkotika memiliki hak untuk didengar keterangannya tanpa bertatap muka dengan terdakwa. Dalam Pasal 9 UU No 13 Tahun 2006 tentang Perlindungan Saksi dan Korban menegaskan ada tiga pilihan saksi tak harus dihadirkan ke pengadilan. Pertama, saksi diperbolehkan memberi keterangan secara tertulis di hadapan pejabat seperti notaris, hakim, atau camat. Kedua, keterangan saksi dapat diperiksa lewat teleconference. Ketiga, pemeriksaannya seperti mistery guest, yang memberikan keterangan dalam ruangan khusus. Jelas Ulung Purnama, SH,MH.

Masih menurut bang Ulung sapaan akrabnya, adanya pelaporan hukum oleh Kejaksaan Negeri Serang terhadap Saksi Pelapor merupakan tindakan yang sangat jarang dijalankan oleh aparat hukum bukan hanya melakukan upaya banding Jaksa juga melakukan upaya Pelaporan Pidana dengan sangkaan Pasal 224 KUHP dan 221 KUHP, tentu hal ini saja cukup menjadi perhatian publik diakhir tahun 2022, atas adanya penuntutan terdakwa dinyatakan tidak dapat diterima dan membebaskan terdakwa dari tahanan dan mengembalikan berkas kepada Kejaksaan dikarenakan ketidakhadiran saksi pelapor dalam perkara tersebut, dan menjadi pelajaran berharga bagi siapapun yang berproses hukum dan yang dilakukan Kejaksaan Negeri tersebut menjadi upaya progresif Aparat Hukum dalam melakukan penegakan hukum termasuk bagi saksi pelapor yang tidak kooperatif hadir dalam persidangan dan berakhir tragis Jaksa melaporkan DM dengan Pasal berlapis ke Kantor Polisi.” Pungkas Ulung Purnama,SH,MH.(Ray-Red)

By Ray, R.A.

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