Jakarta – The pretrial hearing between Aiman Witjaksono and the defendant Polda Metro Jaya finished today, Monday, (19/2).
During the trial, Aiman asked the single panel of judges to declare invalid the confiscation of his cellphone by Polda Metro Jaya investigators.
“The applicant requests that the South Jakarta District Court, in casu, the Honorable Single Judge of the South Jakarta District Court who examined and adjudicated the a quo Pretrial, be pleased to give the following decision,” said Aiman’s attorney, Finsensius Mendrofa, in the Jakarta Selatan District Court courtroom.
“Determining and declaring the confiscation order number: 3/Pen.Sit/2024/PN.Jkt.Sel dated January 24 2024 to be invalid and null and void by law,” he added.
In this pre-trial hearing, Aiman stated that he did not accept that his cellphone was confiscated by Polda Metro Jaya investigators, while undergoing examination regarding the statement ‘Police will not be neutral in the 2024 elections’.
Then, in this case, a SIM card and an Instagram account in the name @aimanwitjaksono and an email dated January 26 2024 were also confiscated.
Finsensius explained that confiscations carried out by Polda Metro Jaya must have permission because it is stated in Article 38 paragraph 1 of the Criminal Procedure Code which states “Confiscations can only be carried out by investigators with permission from the Chairman of the local District Court”. Even though the confiscation number: 3/Pen.Sit/2024/PN.Jkt.Sel dated January 24 2024 was signed by the Deputy Chair of the South Jakarta District Court.
“The provisions of Article 38 paragraph 1 of the Criminal Procedure Code very clearly and firmly state that confiscation permits are permitted by the Chairman of the local District Court. This means that the person who has the authority to issue confiscation permits is the Chairman of the South Jakarta District Court, not the Deputy Chairman of the Jakarta Selatan District Court,” stressed Finsensius.
“Moreover, the confiscation permit shown by investigators to the applicant and the applicant’s attorney did not mention the position of the Deputy Chairperson of the Jakarta Selatan District Court as acting or temporary acting so that the confiscation permit was formally flawed and null and void,” he continued.
It must be admitted that the confiscation refers to Aiman Witjaksono’s Xiaomi brand cellphone. However, in practice, investigators apparently also confiscated other than cellphones, such as SIM cards, Instagram accounts and emails.
According to Finsensius, investigators from Ditreskrimsus Polda Metro Jaya have committed unlawful acts by accessing, controlling and changing the passwords of Aiman’s Instagram, email and WhatsApp accounts.
He also said, that the respondent was deemed to have violated formal procedures because he did not provide a copy of the confiscation permit determination.
“Determine and order the respondent to return the evidence that has been confiscated from the applicant no later than three days from the date of this pretrial decision,” Finsensius stressed.
As is known, Aiman Witjaksono’s pretrial lawsuit which is running today is addressed to the National Police Chief cq Kapolda Metro Jaya cq Dirreskrimsus Polda Metro Jaya cq Investigator Unit II Subdit IV Cyber Tipid Ditreskrimsus Polda Metro Jaya. Bembo
