Jakarta, Klikozone.com
Seiring dengan pengembangan perkara yang dilakukan oleh Komisi PemberantasanKorupsi (KPK) dalam perkara suap Hakim Agung di Mahkamah Agung Republik Indonesia,hingga saat ini banyak pihak yang jadi ‘korban’ dalam arti terjerat ke dalam pusaranperkara dimaksud, yang hanya didasarkan atas asumsi/opini, bukan atas dasar fakta dan bukti.
Hingga saat ini terdapat 2 (dua) nama, yang secara pemberitaan/opini publik menjadi buah
bibir di masyarakat, yakni Hasbi Hasan (HH), Sekretaris Mahkamah Agung Republik
Indonesia, dan dari pihak swasta, Dadan Tri Yudianto, yang sama – sama diduga terkait
dengan suap pengurusan perkara di Mahkamah Agung. Hingga saat ini masih mengajukan
upaya pra-peradilan atas penetapan tersangka yang dialami keduanya.
Dalam permohonan pra-peradilan Dadan Tri Yudianto, telah selesai dijalani dan hanya
tinggal menunggu putusan/vonis dari Pengadilan Negeri Jakarta Selatan. Dalam fakta
persidangan dimaksud, banyak sekali terdapat kejanggalan sehubungan dengan proses
penetapan tersangka terhadap Dadan Tri Yudianto. Beberapa ahli hukum yang diajukan
pada proses pembuktian, menerangkan secara lugas bagaimana mall administrasi serta
miss prosedural yang dilakukan oleh KPK dalam melakukan management penanganan
perkara guna menetapkan status tersangka terhadap seorang warga negara.
Tentu, terdapat dinamika (pro dan kontra) dalam menyikapi persoalan ini, begitupun
untuk menyatakan kebenaran ataupun kesalahan dari seseorang yang telah ditetapkan
sebagai tersangka. Bagaimanapun hal demikian, akan sangat terkait erat dengan proses
pembuktian pada persidangan suatu perkara. Namun, hal yang tidak kalah penting ialah
bagaimana akuntabilitas dan management perkara yang dilakukan oleh KPK, yang
seharusnya tidak boleh dilakukan atas dasar ‘suka suka’, arogan/sewenang-wenang (abuse
of power), namun harus dilaksanakan dengan prinsip kehatian – hatian, kebijaksanaan
serta kepastian hukum, guna menjamin hak – hak dari seorang warga negara di dalam
negara hukum (rechtsstaat). Sebab, bagaimanapun proses penegakan hukum yang
didahului atas praktik yang sewenang – wenang (abuse of power), pastinya akan
menghasilkan (output) penegakan hukum yang jauh dari semangat hukum yang
berkeadilan.
Tentunya, pemberantasan korupsi harus didukung dengan semua kekuatan element
bangsa, tidak dilihat siapa lembaga yang melakukannya, apakah KPK ataupun lembaga
penegak hukum lainnnya. Akan tetapi, proses dan prosedur pelaksanaan pengungkapan
tindak pidana korupsi tersebut (cara-nya) harus dijalankan dengan rule atau aturan main
yang benar, tidak dapat dilakukan karena sentimen ataupun subjektivitas
(personal/kelembagaan), serta harus didasarkan atas praktik norma dalam hukum acara,
atau yang dikenal KUHAP (Kitab Undang – Undang Hukum Acara Pidana).
Oleh karenanya, mengedepankan proses dan prosedur yang akuntabel oleh KPK harus
didorong dalam upaya menjamin kepastian hukum serta perlindungan hak asasi
dari seseorang warga negara (HAM), bukan berdasarkan opini ataupun asumsi. Jikalau
ada proses dan prosedur yang dilewati (by pass) dan hal demikian memang pada faktanya
melanggar hukum acara, maka “mau tidak mau”, “suka atau tidak suka”, proses penetapan
terhadap seorang tersangka haruslah dinyatakan batal/tidak sah.
Pada prinsipnya, lembaga peradilan harus lebih arif dan bijaksana untuk melihat fakta yang
sebenarnya ada dan terjadi, guna menghasilkan putusan/vonis yang adil dan didasarkan
atas fakta hukum yang tidak lain dari sebenarnya, jangan didasarkan atas opini,
desakan/intervensi ataupun unsur non-hukum lainnya.
Dalam perkembangan-nya terdapat satu hal yang patut kita sayangkan dari produk
vonis/putusan dalam perkara korupsi yang dikeluarkan oleh lembaga peradilan,
khususnya yang bersumber dari lembaga KPK, dimana muncul persepsi di kalangan
para penggiat/praktisi hukum, bahwa terhadap fakta yang kebenarannya tidak
terbantahkan sekaligus terungkap dalam persidangan, seringkali diabaikan
dan/atau tidak dipertimbangkan. Hal ini tentunya bukan karena lembaga peradilan yang
tidak berjalan di atas prinsip objektivitas, independensi ataupun imparsialitas, melainkan
dikarenakan adanya suasana psikologis kebatinan hari ini, yang dikenal dengan adagium
‘jikalau berhadapan dengan KPK, maka seorang tersangka/terdakwa sudah pasti
salah dan harus dihukum bersalah, tanpa terkecuali’.
Adagium ini tentu sangatlah menyesatkan dalam praktik peradilan, di mana semangat
objektivitas, independensi dan imparsialitas lembaga peradilan harus dikedepankan, tidak
melihat siapa yang duduk sebagai tersangka/terdakwa, serta lembaga hukum mana yang
melakukan proses hukum kepada seorang tersangka/terdakwa. Idealnya, jikalau benar
maka harus dikatakan benar, dan jikalau salah pada faktanya, maka harus tetap
dinyatakan salah, tidak melihat apakah KPK atau lembaga penegak hukum lain yang
ada didalamnya.
proses peradilan benar – benar didasarkan atas dasar fakta yang
sebenarnya, bukan atas dasar asumsi/opini, atau intervensi/ tekanaan publik lainnya, yang
memang sengaja didorong/diarahkan untuk membentuk opini publik guna mempengaruhi
putusan/vonis lembaga peradilan.
Semoga marwah lembaga peradilan sebagai rumah Tuhan di dunia tetap dapat terjaga dan
berdiri tegak, Amien !
Sumber :
M. Arifin (Pj/Koordinator APHN)
Red : Lita (Sri Wahyuni)
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