PRIME NEWS POST
THE INDONESIAN (Jakarta) – The Head of Legal Reform and Legislation at the Central Executive Board of PERMAHI emphasized that the mention of a person’s name during an investigation or trial does not automatically serve as a basis to conclude their involvement in a criminal act.
In a state governed by law, every legal process must be founded on valid evidence and legal mechanisms regulated by prevailing laws and regulations. According to him, the appearance of Raffi Ahmad’s name in the investigation into alleged corruption within the Directorate General of Customs and Excise must be understood proportionately by the public.
Naming someone in trial proceedings or during an investigation does not constitute a determination of guilt; rather, it is part of the process of seeking and uncovering legal facts.
“The Constitution of Indonesia guarantees the principle of due process of law. Every citizen has the right to equal treatment before the law and protection from judgment before a court decision with permanent legal force is issued,” he stated.
He explained that Article 1 paragraph (3) of the 1945 Constitution affirms that Indonesia is a state based on the rule of law. Consequently, all legal processes must be carried out in a lawful, objective, transparent, and accountable manner.
Furthermore, Article 183 of the Criminal Procedure Code stipulates that a judge may not impose a sentence on a person unless there are at least two valid pieces of evidence that establish a firm belief that a criminal act actually occurred and that the defendant is the perpetrator. This provision demonstrates that Indonesia’s criminal justice system adheres to strict standards of proof and leaves no room for conviction based on suspicion, assumptions, or public opinion.
In addition, the principle of the presumption of innocence is a fundamental right that must be respected. Anyone suspected, arrested, detained, charged, or brought before a court must be considered innocent until a court decision with permanent legal force is handed down.
The Head of Legal Reform and Legislation at DPN PERMAHI stressed that this principle applies to all citizens without exception, including public figures such as Raffi Ahmad. Status as a public figure must never be used as a reason to disregard a person’s constitutional rights or to form a judgment before the legal process is completed.
He also reminded that Article 28G paragraph (1) of the 1945 Constitution guarantees every person’s right to protection of their person, honor, dignity, and sense of security. Therefore, spreading allegations that have not been legally proven carries the potential to cause both social and legal harm to the individual concerned.
“From the perspective of legal reform, the public must be able to distinguish between information emerging during an investigation and facts that have been legally proven. A state governed by law does not recognize judgment based on perception; it relies solely on valid evidence and court decisions,” he emphasized.
DPN PERMAHI supports the steps taken by law enforcement authorities to investigate thoroughly the alleged corruption within the Directorate General of Customs and Excise in a professional, independent, and non-interfered manner. Nevertheless, efforts to eradicate corruption must continue alongside respect for human rights, the presumption of innocence, and the principle of legal certainty.
According to him, maintaining a balance between firm law enforcement and the protection of citizens’ rights is a crucial part of the agenda for just legal reform. Therefore, all parties are urged to await the outcome of the legal process objectively and not to rush into conclusions regarding a person’s involvement before sufficient evidence and a legally valid decision are established.
Reported from various media sources //photo from Google documents // contribution by Prime News Post international online media // news.paper
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