Rabu 07 Feb 2018 16:46 WIB

Outside courtroom, Firman not protected by advocate immunity

Fickar believes Firman can be prosecuted for his statement outside the courtroom.

Rep: Umar Mukhar, Puti Almas/ Red: Reiny Dwinanda
Setya Novanto's lawyer, Firman Wijaya
Foto: Antara/Hafidz Mubarak A
Setya Novanto's lawyer, Firman Wijaya

REPUBLIKA.CO.ID, JAKARTA -- Criminal law observer at Trisakti University Abdul Fickar Hadjar said immunity rights was not applicable to Firman Wijaya in the case of alleged slander and defamatory statement reported by former President Susilo Bambang Yudhoyono (SBY). Firman made the statement about SBY's intervention in e-ID card procurement outside the courtroom.

"Surely, Firman can be prosecuted for his statement outside the trial and the immunity rights is not applicable to him because he did not convey that in the forum to present a defense," said Abdul on Wednesday (Feb 7).

Fickar explained outside the trial means based on Constitutional Court (MK) that expand Article 16 of Advocate Law, which are forums outside the session, such as on the police, prosecutors, or institutions that associated with the case. "Meanwhile, the interview outside the trial is entirely become personal responsibility which is not related to the profession," he remarked.

On Tuesday (Feb 6), SBY has reported Firman to National Police Criminal Investigation Unit (Bareskrim Polri) for his statement. He refused assistance from his former ministers who served the country from 2004 to 2014. "This is my war," he said.

However, Firman said he did not worry on the report. He believed he has done no misconduct. "I'm just doing my job as advocate. I'm only an ordinary people who works every day to fight for justice. I'm nobody," he said when confirmed on Tuesday.

According to Firman, advocate's immunity protected him. He stood behind the applicable law. "Just read the decision of the Constitutional Court and the Law on Advocates, all about professional immunity," Firman who is one of the lawyers of corruption defendant Setya Novanto, reiterated.

Firman said based on the testimony of Mirwan Amir as witness, the e-ID card project worth almost Rp6 trillion was controlled by the winner of the 2009 election that was the Democratic party of SBY. 

Mirwan Amir who is a former lawmaker of the ruling party testified in the trial of Setya Novanto, former speaker of the Parliament and general chairman of Golkar, the country's second largest political party.

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