Jakarta, hitclubapk3 Indonesia
—
Chairperson of the Indonesian House of Representatives, Puan Maharani
accused a number of points from the civil society coalition regarding the Draft Criminal Procedure Code (
RKUHAP
) that was just passed into law is a hoax.
This statement was made by Puan at the 8th Plenary Meeting of the second session when ratifying the RKUHAP into law.
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“I think the explanation from the Chairman of Commission III is quite comprehensible and completely understandable. So the hoaxes that are circulating, all the hoaxes are not true, and hopefully we can all understand the misunderstandings and misunderstandings,” said Puan at the Parliament Complex, Senayan, Jakarta, Tuesday (18/11).
Meanwhile, Chairman of Commission III of the DPR from the Gerindra faction, Habiburokhman, revealed a number of articles that were referred to as hoaxes.First, there is the issue that police or investigators can conduct wiretapping without court permission.
Referring to Article 135 paragraph (2), said Habib, wiretapping is not regulated at all in the new KUHAP.He said the rules regarding wiretapping would be specifically regulated in the law regarding wiretapping.
“All factions want the wiretapping to be regulated very carefully and must have the permission of the head of the court,” he said.
Second, the issue is that the police can freeze savings or account numbers unilaterally.According to Habib, referring to Article 139 paragraph (2) of the new Criminal Procedure Code, all blocking of savings must have the permission of the head of the court.
Third, there is the issue that the police can unilaterally take devices and personal data.Referring to Article 44, explained Habib, all forms of confiscation must be carried out with the permission of the head of the court.
Fourth, the police can detain and search without clear suspicion of a criminal offense.Habib emphasized that Articles 93 and 99 of the new KUHAP regulate that all forms of detention and search must be accompanied by two pieces of evidence of alleged criminal acts.
“According to Article 93 and Article 99 of the Criminal Procedure Code, arrests, detention and searches must be carried out very carefully and based on at least two pieces of evidence,” he said.
The Civil Society Coalition for KUHAP Reform previously revealed a number of points in the new KUHAP that had the potential to give rise to arbitrary actions by officers.
For example, they refer to Article 5 which states that arrests and searches can be carried out without two pieces of evidence of a criminal act.
Then, they also mentioned that Articles 105, 112A, and Article 132A of the Criminal Procedure Code could make authorities confiscate or block without court permission for reasons of subjective urgency.
“The Criminal Procedure Code Bill also gives investigators the authority to carry out wiretapping without a judge’s permission based on a law that has not even been formed (Article 124),” as quoted from the coalition’s official release.
(fra/thr/fra)
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