Fakultas Hukum UPN "Veteran" Jakarta

KPK Tak Perlu Minta Maaf Kabasarnas Jadi Tersangka

  • Rabu, 2 Agustus 2023
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Dr. Beniharmoni Harefa S.H., LL.M (Dosen Hukum Pidana Fakultas Hukum UPN "Veteran" Jakarta

Pengajar Hukum Pidana Fakultas Hukum Universitas Pembangunan Nasional “Veteran” Jakarta Beniharmoni Harefa mengatakan tak seharusnya KPK meminta maaf atas kasus korupsi yang libatkan pejabat Basarnas RI.

“Apabila melihat OTT KPK terhadap Basarnas seharusnya KPK tidak perlu minta maaf karena secara ketentuan sudah sesuai prosedur. Apalagi ini adalah operasi tangkap tangan yang pasti telah melalui penyelidikan sebelumnya,” kata Beniharmoni Harefa kepada media, Sabtu 29 Juli 2023.

Diketahui, OTT yang dilakukan KPK atas dugaan suap pengandaan barang dan jasa di Basarnas menimbulkan polemik terkait penetapan Kabasarnas Marsdya TNI Henri Alfiandi menjadi salah satu tersangka.

KPK menangkap 10 orang dalam kegiatan tersebut. Salah satu pihak yang ditangkap diketahui merupakan Koordinator Staf Ahli Kabasarna Letkol Afri Budi Cahyanto. Hasil gelar perkara menyimpulkan Letkol Afri Budi Cahyanto dan Marsdya TNI Henri menjadi tersangka.

KPK kemudian minta maaf atas kesalahan/kekeliruan penyelidik/penyidik KPK terhadap penetapan tersangka anggota militer dan penahanan terhadapnya. Hal ini dilakukan setelah Mabes TNI protes atas tindakan yang dilakukan KPK.

Beniharmoni Harefa mengatakan, polemik OTT KPK dalam perkara Basarnas harus dipahami bahwa subjek hukum KPK tidak terbatas pada pegawai negeri saja melainkan juga pejabat tinggi setingkat Menteri tidak ada perbedaan perlakuan hukum.

Apabila anggota militer melakukan tindak pidana korupsi, UU Peradilan Militer tidak berlaku absolut bagi seorang anggota militer yang melakukan kejahatan terutama tindak pidana korupsi.

“UU Peradilan Militer sejatinya hanya berlaku untuk anggota militer yang melakukan tindak pidana umum dan tindak pidana militer,” beber Beniharmoni Harefa.

Kata Beniharmoni Harefa, polemik OTT KPK terhadap Basarnas khusus terhadap anggota militer dan anggota militer lain yang turut terlibat seharusnya tidak perlu terjadi lagi apabila masing-masing pihak tidak mengedepankan ego sektoral.

“Semua harus melihat kejahatan korupsi sebagai masalah dan musuh bersama untuk kepentingan dan kemajuan Indonesia,” kata Beniharmoni Harefa. ***

Sabtu 29 Juli 2023
Penulis,

Beniharmoni Harefa
Dosen Hukum Pidana Fakultas Hukum UPN “Veteran” Jakarta

Sumber: Konteks, Sabtu 29 Juli 2023
https://www.konteks.co.id/nasional/155651/pakar-hukum-kpk-tak-perlu-minta-maaf-kabasarnas-jadi-tersangka/

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297 comments on “KPK Tak Perlu Minta Maaf Kabasarnas Jadi Tersangka”

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