Palembang,Berita Terkini. Co. Id Aliansi Untuk Keadilan (AUK) akan gelar aksi unjuk rasa Kejaksaan Tinggi (Kejati) Sumsel dan Pengadilan Negeri Sumsel atas tindakan Kejati Sumsel yang tidak tunduk dengan hasil putusan Pengadilan Tinggi (PT) Palembang, yang telah menyatakan dan menerima hasil putusan banding terhadap terdakwa Juperlius.
Dalam putusannya menyatakan terdakwa tidak bisa dipidana karena mengalami gangguan jiwa (ODGJ ) dan menetapkan terdakwa dirawat di Rumah Sakit (RS) Jiwa.
Menyikapi hal tersebut Sukma Hidayat selaku koordinator aksi dan di dampingi beberapa organisasi yang tergabung dalam AUK menanggapi putusan Jaksa Penuntut Umum (JPU) yang menanggani perkara terdakwa Juperlius yang mengalami gangguan jiwa dan telah diputus oleh Pengadilan Tinggi Palembang namun tetap mempertahankan hasil keputusan dan tidak tunduk dengan hasil keputusan lembaga Peradilan, di sampaikan pada jumpa press di Kopi Mang Edy PTC,Jum’at (13/1/2023).
“Melihat Berdasarkan hasil putusan dari Pengadilan Tinggi (PT) Palembang, bahwa menyatakan terdakwa Jupperlius bin Usman Gumanti tidak dapat dipidana karena mengalami gangguan jiwa dan hal ini tentu bertentangan dengan ketika pihak Jaksa Penuntut Umum tetap mempertahankan dan hasil putusan ini harus dilaksanakan apabila tidak dilaksanakan oleh Jaksa Penuntut Umum (JPU) maka ini adalah sebuah pelecehan lembaga praperadilan,” bebernya
Selain itu, Sukma juga mengatakan untuk menegakkan keadilan dirinya bersama rekan-rekan yang tergabung dalam Aliansi Untuk Keadilan (AUK) bersepakat akan melakukan dan menggelar aksi unjuk rasa di Kejati Sumsel dan Pengadilan Negeri pada, Rabu (18/1/2023) mendatang.
“Kami akan menurunkan masa ke Kejati Sumsel dan Pengadilan Negeri sebanyak 500 sampai 1000 massa yang terdiri dari beberapa elemen organisasi yang peduli, terhadap hukum.
Dalam tuntutan kami sebagai berikut, meminta Jaksa Penuntut Umum (JPU) Kejati Sumsel harus melaksanakan putusan pengadilan Nomor 823/Pid.Sus/2022/PN,”ujarnya, harapan kami, apa yang menjadi pertemuan rapat perangkat aksi hari ini dapat disupport dan dibantu oleh seluruh lapisan masyarakat karena ini demi keadilan yang harus ditegakkan,” ungkapnya.
Jika pihak Kejati Sumsel tidak mau melaksanakan hasil putusan Pengadilan Tinggi Palembang, kita akan melakukan upaya hukum lain untuk meminta Padwa dari Mahkamah Agung (MA) dan kita akan melaporkan Kasi Narkoba dan JPU yang menangani perkara ini ke Jamwas karena hasil putusan ini incrahk.
“Jika tidak melaksanakan hasil putusan dari Pengadilan Tinggi (PT) Palembang Kami akan melaporkan Jaksa yang menangani perkara ini ke Jamwas,” pungkas Sukma.
Diketahui bahwa dalam amar putusan nomor:244/PID/2022) majelis hakim banding Pengadilan Tinggi (PT) Palembang yang diketuai Mahyuti SH MH, menyatakan membatalkan putusan Pengadilan Negeri (PN) Palembang dan menjatuhkan vonis terhadap terdakwa tidak dapat dipidana karena mengalami gangguan jiwa.
“Mengadili, menerima permintaan banding terdakwa Jupperlius bin Usman Gumanti. Membatalkan Putusan Pengadilan Negeri Palembang tanggal 03 November 2022 Nomor 823/Pid.Sus/2022/PN. Plg yang dimintakan Banding Mengadili sendiri Menyatakan terdakwa Jupperlius bin Usman Gumanti tidak dapat dipidana karena mengalami Gangguan Jiwa. Menetapkan agar terdakwa dirawat di Rumah Sakit Jiwa,” bunyi amar putusan.
Sebelumnya, majelis hakim Pengadilan Negeri (PN) Palembang menyatakan terdakwa I Asmawi, terdakwa II Jupperlius, terdakwa III Niko Wirianto, telah terbukti secara sah dan meyakinkan bersalah melakukan tindak pidana tanpa hak dan melawan hukum melakukan permufakatan jahat menjadi perantara dalam jual beli narkotika Golongan I Bukan Tanaman Beratnya Melebihi 5 (Lima) Gram sebagaimana dalam dakwaan pertama.
“Mengadili dengan ini. Menjatuhkan pidana kepada para terdakwa tersebut dengan pidana penjara masing-masing Terdakwa I.Asmawi dengan pidana penjara selama 12 tahun, terdakwa II Jupperlius dengan pidana penjara selama 13 tahun terdakwa III Niko Wrianto dengan pidana penjara selama 12 tahun.”Tegas Majelis Hakim Pengadilan Negeri Palembang saat membacakan putusan.
Selain pidana para terdakwa juga dihukum pidana denda masing-masing sebesar Rp 1,5 miliar dengan ketentuan apabila denda tersebut tidak dibayar maka diganti dengan pidana penjara masing-masing selama 6 bulan kurungan. pungkasnya. (RZP)
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