Friday, December 5, 2008
The Asrori Murder
The Court of Law has often been dubbed as the House Justice i.e place where people could expect that the Law would be upheld, therefore Justice would always prevail.
However, Judges of the Court are normal human beings who can make mistakes like any other human beings. The difference is that if Judges make mistake in a judgement re: Criminal Case, the Defendants concerned would suffer very greatly! They have to be Jailed and/or Fined and lose face in the eyes of the public for a Crime they never commit. Besides, their family would also share their suffering! It is for those reasons that our Penal Code(KUHP) Article 1.1 adopted the Nullum Delictum principle i.e a Person can be Punished for his/her Action if there is an existing Law which stipulates that such Action is a Crime. Besides, our Criminal Prosedural Law (KUHAP) strictly limited the Evidences that would be acceptable to support Criminal Prosecutions in Court.
But then again, Judges are only Human Beings! That's what we can say when the mass media reported that the Council of Judges of the District Court of Jember has mistakenly last May when they sentenced Imam Hambali and David Eko to 17 and 12 years in Jail respectively for the murder of a man called Asrori on September 2007. Later, DNA tests revealed that the victim is not Asrori, but Fauzin Suyanto. Due to this finding, on 3 December 2008, the Supreme Court overturned the District Court's Verdict, acquitted Imam & David and ordered them to be release.
In this connection, Jakarta Globe wrote today that the National Police has admitted that they have made the mistake, due to which the East Java Police has questioned 15 Police officers related to this case. But the National Police Spokeman Abubakar Nataprawira said that they will not apologize for it.
In view of the above, I felt that every Judges of the Courts of Law should always be very carefull in considering and deciding every cases they handled, so as to avoid any mistake, that way Justice shall always Prevail!