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Menurut Penulis, KPK sudah melakukan salah langkah dalam kasus LHI. Yaitu, terlalu cepat menjadikan LHI sebagai tersangka. Mengapa ?
Saat baru satu hari berselang, setelah operasi tangkap tangan Ahmad Fatonah dan petinggi Indoguna, LHI langsung dijadikan tersangka. Tanpa pemeriksaan dan penyidikan. Padahal, yang tertangkap tangan adalah AF, bukan LHI. Padahal yang menerima uang adalah AF, bukan LHI.
Berbeda, saat KPK menangani operasi tangkap tangan pegawai pajak. Dimana pegawai perusahaan ditangkap KPK karena kedapatan menyuap orang pajak. Saat itu, KPK memang menangkap Asep-sang pembalap mobil dan manajer keuangan perusahaan, dimana orang yang menyuap itu bekerja. Namun Asep-pemilik perusahaan dan manajernya, tidak dijadikan sebagai tersangka.
Saat KPK, melakukan pemeriksaan dan penyidikan, ternyata orang pajaknya yang justru memeras Asep-sang pemilik perusahaan. Akhirnya selamatlah Asep. Dan boleh pulang.
Mengapa boleh pulang? Karena kedua orang tersebut statusnya bukan tersangka.
Lalau bagaimana dengan LHI ? berhubung LHI langsung ditetapkan sebagai tersangka. Padahal di KPK, bila sudah tetapkan sebagai tersangka, tidak akan pernah ada surat penghentian pemeriksaan dan penyidikan. Oleh karena itu, KPK tidak bisa menghentikan kasus ini.
Bila tidak terbukti, dimana muka dan kredibilitas KPK ? Masa sih lembaga superbody dan tak ada seorang pun yang bisa menghalangi tidak bisa menjerat LHI ?
Disamping itu, menurut UU No 8 tahun 81, mengatur penahanan seseorang. Dimana dalam proses penyidikan, penahanan paling lama 60 hari. Penuntutan paling lama 50 hari. Mengingat KPK memiliki kewenangan penyidikan dan penuntutan sekaligus, maka KPK memiliki waktu 110 hari untuk menahan LHI.
Melihat hal ini, maka batas akhir KPK menahan LHI yaitu sekitar tanggal 20 Mei 2013. Jadi waktunya sangat mepet sekali. Padahal dari persidangan tipikor tentang suap impor sapi dengan tersangka dari indoguna, belum terungkap bu kti-bukti yang mengungkapkan bahwa LHI meminta atau menyuruh AF meminta uang ke Indoguna.
Tenggang waktu yang mepet dan belum adanya bukti yang kuat keterlibatan LHI dalam suap impor sapi inilah yang membuat KPK, sangat tergopoh-gopoh dalam bertindak.
Hal ini terlihat dari beberapa hal, seperti penyitaan tanpa surat penyitaan, sulitnya melacak harta LHI, tidak bisa membedakan mana harta LHI dan mana yang bukan, hingga ancaman represif. Karena baru kali ini KPK cukup aneh dalam memproses sebuah kasus yang sebenarnya sangat mudah untuk dibuktikan. Karena biasanya, kasus operasi tangkap tangan lebih mudah dibuktikan dari pada kasus korupsi yang bersifat sistematis.
Mengapa seharusnya lebih mudah ? Karena LHI langsung ditahan, sehingga sulit baginnya menghilangkan alat bukti.
Namun mengapa jadi sulit ?
Karena menjadikan LHI sebagai tersangka saat itu juga, tanpa pemeriksaan dan penyidikan sebelumnya, padahal saat itu LHI tidak menerima uang, tidak berada ditempat perkara dan sadapan telpon baru dari sisi AFnya saja.
NASRULLOH MU | kompasiana
Bila tidak terbukti, dimana muka dan kredibilitas KPK ? Masa sih lembaga superbody dan tak ada seorang pun yang bisa menghalangi tidak bisa menjerat LHI ?
Disamping itu, menurut UU No 8 tahun 81, mengatur penahanan seseorang. Dimana dalam proses penyidikan, penahanan paling lama 60 hari. Penuntutan paling lama 50 hari. Mengingat KPK memiliki kewenangan penyidikan dan penuntutan sekaligus, maka KPK memiliki waktu 110 hari untuk menahan LHI.
Melihat hal ini, maka batas akhir KPK menahan LHI yaitu sekitar tanggal 20 Mei 2013. Jadi waktunya sangat mepet sekali. Padahal dari persidangan tipikor tentang suap impor sapi dengan tersangka dari indoguna, belum terungkap bu kti-bukti yang mengungkapkan bahwa LHI meminta atau menyuruh AF meminta uang ke Indoguna.
Tenggang waktu yang mepet dan belum adanya bukti yang kuat keterlibatan LHI dalam suap impor sapi inilah yang membuat KPK, sangat tergopoh-gopoh dalam bertindak.
Hal ini terlihat dari beberapa hal, seperti penyitaan tanpa surat penyitaan, sulitnya melacak harta LHI, tidak bisa membedakan mana harta LHI dan mana yang bukan, hingga ancaman represif. Karena baru kali ini KPK cukup aneh dalam memproses sebuah kasus yang sebenarnya sangat mudah untuk dibuktikan. Karena biasanya, kasus operasi tangkap tangan lebih mudah dibuktikan dari pada kasus korupsi yang bersifat sistematis.
Mengapa seharusnya lebih mudah ? Karena LHI langsung ditahan, sehingga sulit baginnya menghilangkan alat bukti.
Namun mengapa jadi sulit ?
Karena menjadikan LHI sebagai tersangka saat itu juga, tanpa pemeriksaan dan penyidikan sebelumnya, padahal saat itu LHI tidak menerima uang, tidak berada ditempat perkara dan sadapan telpon baru dari sisi AFnya saja.
NASRULLOH MU | kompasiana
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