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| Mr Mahfud MD |
The former chief of indonesia's constitusional court, Mr. Mahfud MD reckons, constitu tional court has made right verdict related to evidence to snares the suspect.
This matter is conveyed by Mr Mahfud in response to verdict case number 42/PUU-XV/2017
in its consideration, constitutional court states, law enforcement inspectors may utilize evidence which had been used in earlier trial to snares suspect who has won pre-trial.
however, the evidence should have been improved first.
"So constitutional court is right, indeed the logic should be like that, I think it's not just constitutional court's logic, it's just a common law logic. If the judge were fair he would said so," say Mr mahfud when contacted, Wednesday (2017/10/11)
This matter is also conveyed by Mr mahfud in response to South Jakarta judge's verdict handling Setya Novanto's pre-trial, Mr Cepi iskandar.
in his verdict, Mr Cepi reckons, evidence had been used in earlier trial can not be used to handle succeeding trial as regulated in supreme court regulation number 4 2016 (Perma).
According to Mr Mahfud, Cepi's logic is not precise.
"it doesn't make sense if evidence in earlier trial can't be used for other people. that's doesn't make sense what if the crime were collective?" say Mr Mahfud.
"Instead that earlier evidence which has validated in trial become further evidence. If the corruption were collective of ten people when one got punished with evidence A, then evidence A is still applied for other," add Mr Mahfud.
in Mr Mahfud's opinion, Perma indeed say that evidence which had been used can not be reused.
However, according to Mr mahfud, law enforcement officer still can find another way, that is to make another written report.
"The evidence is same, but the written report is different, maybe that could make sense" he says.
with constitutional court's verdict, mahfud reckons, Corruption Eradication Comission effort to restipulate Novanto as suspect is not violating rules.
"making Setya as a suspect once again, with or without that constitutional court's verdict I think indeed could be happen, moreover there is constitutional court's verdict, that would be stronger" he says.
