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Refly Harun Minta Dua Terdakwa Penyerang Novel Dibebaskan, Ini Alasannya

- Selasa, Juni 16, 2020

Opini Bangsa -  Pakar Hukum Tata Negara, Refly Harun baru saja mendatangi rumah Penyidik Senior Komisi Pemberantasan Korupsi (KPK), Novel Baswedan.

Dalam kunjungannya itu, Refly Harun sempat menanyakan sesuatu hal pada Novel Baswedan terkait hukuman satu tahun penjara terhadap dua pelaku kasus penyiraman air keras padanya.

Hal itu diungkapkan Refly Harun melalui channel YouTubenya pada Senin (14/6/2020).

Mulanya, Refly Harun membahas sebuah artikel dari Kompas.com mengenai kunjungannya ke rumah Novel dengan judul "Temui Novel Baswedan, Refly Harun: Jangan sampai Hakim Jadi Pahlawan Enggak Benar."

"Inget ya judul itu pilihan dari redaksi," ujar Refly.

Lantas Refly membacakan artikel tersebut.

Refly menerangkan bahwa dirinya datang atas nama perwakilan pribadi.

"Penyidik senior Komisi Pemberantasan Korupsi (KPK), Novel Baswedan menerima kunjungan sejumlah pihak di kediamannya, Jakarta, Minggu (14/6/2020)."

"Mereka yang menyambangi Novel salah satunya pengamat hukum tata negara, Refly Harun. Ia datang untuk memberi dukungan kepada Novel terkait kasus penyerangan terhadap dirinya yang diproses di persidangan," baca Refly.

Refly mengaku merasa perlu datang ke rumah Novel lantaran merasa kasus yang dialami penyidik senior itu cukup penting.

Saya datang mewakili pribadi. Karena diundang ya saya datang. Tujuannya memang menunjukkan concern ya kan. Karena ini masalah menurut saya masalah hukum yang penting. Sebagai orang hukum saya pengin tahu duduk persoalannya, kata Refly saat dihubungi, Minggu (14/6/2020)."

Pakar Hukum Tata Negara ini melanjutkan, untuk menyampaikan sesuatu terkait kasus Novel ini memang harus diketahui persis duduk perkaranya.

"Ya memang saya harus tahu persis, apalagi bikin konten YouTube kayak ini kalau kita tidak mendapatkan informasi yang paling tidak menurut satu versi, solid misalnya ya kita akan susah mempertanggungjawabkannya," kata dia.

Selain itu, dirinya juga menilai bahwa kasus ini masih cukup misterius.

"Apalagi kasus yang seperti ini yang dimensinya tidak hanya hukum ANSI, tapi ada dimensi lain, semua orang paham itu tapi memang susah untuk menyatakannya."

"Karena banyak sekali wilayah gelap dan abu-abu dalam kasus ini," ungkapnya.

Satu hal yang penting dalam kunjungan itu, Refly mengatakan dirinya juga bertanya apakah benar dua orang terdakwa itu merupakan dua orang yang menyiram air keras ke muka Novel.

"Dalam kunjungannya itu, ia menanyakan apakah Novel yakin kedua terdakwa yang menyiram air keras ke mukanya."

"Jadi memang saya bertanya kepada Novel, dia awalnya merasa dilecehkan dengan tuntutan satu tahun penjara yang ditujukan kepada dua terdakwa tersebut."

"Karena dia mengatakan unsur-unsur pemberatan itu terpenuhi semua," baca Refly.

Refly melanjutkan bahwa hal itu harus diketahui dengan pasti.

"Tapi saya tanya hal paling subtantif, apa Novel yakin bahwa kedua orang terdakwa itu orang yang menyerang dirinya pada 11 April 2017 alias sudah tiga tahun lalu," kata dia.

Menjawab pertanyaan itu, Refly mengatakan bahwa Novel sendiri ragu bahwa dua orang terdakwa memang orang yang menyiram air keras padanya.

"Menurut Refly, Novel ragu kedua terdakwa itu yang menyiram air keras ke mukanya. "

"Ia menilai, kedua terdakwa harus dibebaskan dari tuntutan jika memang bukan pelaku sebenarnya," baca Refly.

Refly menilai, jika memang dua orang terdakwa itu bukan pelakunya juga seharusnya tidak boleh dihukum seharipun.

"Jadi maksudnya saya yang menilai, ya kalau bukan pelaku sebenarnya ya tidak boleh dihukum, walaupun dihukum seharipun," lanjut dia.

"Namun, keduanya harus diperiksa lebih jauh agar otak penyerangan Novel terungkap. "

"Saya tanya, yakin enggak bahwa yang terdakwa itu pelaku yang sesungguhnya? Novel sendiri mengatakan tidak yakin."

"Nah, kalau menurut saya, kalau memang mereka bukan pelaku yang sesungguhnya."

"Saya bilang ya mestinya mereka dibebaskan dari segala tuntutan," ujar Refly. [tribun]


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