PENAMALUT.COM, TERNATE – Kejaksaan Tinggi (Kejati) Maluku Utara didesak segera mengeksekusi terpidana Narkotika, M. Qumar Myrdal alias Qumar. Ini setelah putusan kasasi oleh Mahkamah Agung menolak kasasi yang dimohonkan terpidana.
Sekertaris DPD Kongres Advokat Indonesia (KAI) Malut, Roslan, mempertanyakan sikap Jaksa Penuntut Umum (JPU) yang belum juga melakukan eksekusi terhadap Qumar.
“Menurut kami, ini salah satu bentuk kegagalan Jaksa dalam menjalankan perintah undang-undang, karena hal ini jelas-jelas bertentangan dengan hukum acara pidana,” kata Roslan kepada wartawan, Kamis (14/10).
Menurut dia, jika merujuk dalam KUHAP, sudah jelas bahwa Jaksa adalah eksekutor terhadap putusan pengadilan yang telah memperoleh kekuatan hukum tetap. Apalagi pemberitahuan salinan putusan MA sesuai dengan keterangan dari pihak PN Ternate juga sudah cukup lama disampaikan sesuai prosedur hukum acara. Namun jika terpidana belum juga dieksekusi, hal ini juga jelas sangat menciderai rasa keadilan.
“Harusnya aparat penegak hukum itu harus selalu tunduk dan taat pada KUHAP. Kami meminta Kejaksaan harus segera mengeksekusi terpidana tersebut dengan cara memanggil terpidana untuk hadir ke Kejaksaan, agar dilakukan eksekusi sesuai amar putusan MA dengan merujuk pada pasal 270 junto pasal 1 butir 6a KUHAP,” pintanya.
Kata Roslan, apabila Jaksa sudah melayangkan panggilan kepada terpidana sebanyak 2 kali dan ternyata terpidana tersebut tidak hadir, maka harus dilayangkan panggilan ke 3 diikuti dengan upaya paksa dalam bentuk penangkapan. Bahkan jika terpidana melarikan diri atau saat ini terpidana tidak diketahui lagi keberadaannya, maka wajib hukumnya pihak Kejaksaan melakukan upaya lain yaitu dengan menerbitkan terpidana sebagai Daftar Pencarian Orang (DPO).
“Kami berharap pihak Kejaksaan harus lebih proaktif dalam melaksanakan setiap putusan pengadilan terhadap terpidana yang kasusnya telah berkekuatan hukum tetap. Hal ini menjadi penting karena kejaksaan juga harus mampu mewujudkan kepastian hukum dan rasa keadilan serta ketertiban hukum,” harapnya.
“Kami juga berterima kasih kepada rekan-rekan wartawan yang terus mengikuti setiap perkembangan proses hukum kasus-kasus di Maluku Utara termasuk kasus yang belum dilaksanakan eksekusi ini. Kami harapkan keberadaan rekan-rekan wartawan merupakan bentuk check and balance dalam mengawal setiap kasus dan semua tingkatan proses hukum,” tandasnya menutup. (gon/ask)
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