Jakarta –
Former Head of Riksa Sub-division Head of Ethics Bureau Watprof Baiquni Wibowo sentenced to 1 year in prison because he was found guilty of being involved in the destruction of CCTV which hindered the investigation into the murder of Brigadier Yosua Hutabarat. There was a difference of opinion or dissenting opinion in the verdict.
“There is a difference of opinion or dissenting opinion from first member judge Ari Muladi,” said the judge at the sentencing hearing at the South Jakarta District Court, Friday (24/2/2023).
The judge said the judge Ari judged Baiquni should have been acquitted because the elements in the indictment were not proven. The judge said that Judge Ari was of the opinion that if it couldn’t be done then at least Baiquni should be released because his actions are not a crime.
“Where the judge is of the opinion that the defendant should be acquitted because he has not been proven to fulfill the elements of the indictment or released because it is proven but not a crime,” said the judge.
There were a number of judges’ considerations, Ari stated that Baiquni should have been released. These considerations, among others, are not proven to be intentional that copying CCTV DVR recordings does not cause damage to the CCTV DVR.
“That is why the judge member 1 concluded that the defendant had no malicious intent in the form of disrupting the electronic system and/or the electronic system not working as it should,” said the judge.
Baiquni Sentenced to 1 Year in Prison
Baiquni Wibowo was proven guilty. The judge found Baiquni guilty of vandalizing the CCTV which hindered the investigation into the murder of Brigadier N Yosua Hutabarat.
“At trial, stated that the defendant Baiquni Wibowo was legally and convincingly proven guilty of taking any action that resulted in disruption of the electronic system and/or caused the electronic system to not work as it should,” said presiding judge Afrizal Hadi when reading out the verdict at the South Jakarta District Court, Friday (24/2).
“Send a sentence against Defendant Baiquni Wibowo with imprisonment for 1 year and a fine of Rp. 10 million, provided that if the fine is not paid by the defendant, it will be replaced with imprisonment for 3 months,” he added.
Baiquni was found guilty of violating Article 49 in conjunction with Article 33 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) in conjunction with Article 55 paragraph 1 1 of the Criminal Code.
(whn/dwia)
