Tidak Semua Hasil Penyidikan Bisa Bibuka ke Publik


Jenderal_kanalmedancom-150x150Oleh Mayjen Simanungkalit

KASUS kematian Wayan Mirna Salihin (27) alias Mirna, telah menyita perhatian publik di tanah air. Wanita yang baru menikah itu, tewas setelah meminum Kopi Vietnam di Kafe Olivier, Grand Indonesia. Saat peristiwa ini terjadi, Mirna sedang bersama dua temannya, yaitu Hani dan Jessica.

Seiring mencuatnya kasus ini, publik menuntut Polisi agar lebih transparan. Polisi mendapat tekanan kuat, agar membuka semua informasi terkait hasil penyidikan yang dilakukan.

Tekanan paling terasa adalah dengan menuding seolah-olah Polisi penetapan Jessica sebagai tersangka tanva didasari bukti kuat. Indikasi itu menurut publik, terutama dari sikap Polisi yang tidak membeberkan rekaman CCTV di TKP.

Haruskahkah Polisi membuka semua hasil penyidikan ke publik ? Haruskah Polisi menjelaskan detail kasus ini ke publik dengan alasan era keterbukaan informasi ?

Dalam perspektif UU No.14 Tahun 2008 tentang Keterbukaan Informasi Publik (KIP), tidak semua hasil penyidikan bisa dibuka ke publik. Malah, dalam beberapa hal, Polisi harus menutup rapat hasil penyidikan.

Polisi tidak boleh tergoda, apalagi terjebak membuka informasi yang masuk substansi hasil penyidikan. Polisi sebaiknya menahan diri untuk tetap bekerja maksimal, menjaga kerahasian bukti-bukti hasil penyidikan agar tidak terbantahkan kelak saat diuji di Pengadilan.

UU KIP menjamin hak Polisi menutup informasi hasil penyidikan, seperti terdapat pada Pasal 17 hurup (a) angka (1) s/d (5) UU KIP. Sebab jika dibuka ke publik, diyakini dapat menghambat proses penyelidikan dan penyidikan suatu tindak pidana.

Dalam mengungkap kasus, Polisi juga harus menutup informasi yang apabila dibuka dapat mengungkapkan identitas informan, pelapor, saksi, dan/atau korban yang mengetahui adanya tindak pidana, mengungkapkan data intelijen kriminal dan rencana¬ rencana yang berhubungan dengan pencegahan dan penanganan segala bentuk kejahatan transnasional, membahayakan keselamatan dan kehidupan penegak hukum dan/atau keluarganya; dan/atau membahayakan keamanan peralatan, sarana, dan/atau prasarana penegak hukum.

Karenanya, dalam kasus Mirna, tindakan Polisi menahan diri untuk tidak membuka hasil penyidikan ke publik, sudah sangat tepat. Karena membuka substansi hasil penyidikan publik, malah akan mengacaukan penyidikan dan mempersulit terungkapnya kejahatan.

Polisi sebaiknya tetap menutup informasi tentang strategi yang digunakan dalam mengungkap kasus kematian Mirna. Rangkaian dan hasil penyidikannya, tidak bisa dibuka ke publik. Informasi ini hanya boleh dibuka kelak dihadapan majelis hakim, saat persidangan kasus ini digelar.

Konsekwensinya, publik dan media tidak bisa memaksa Polisi membuka hasil penyidikan kasus ini. Yakinlah, menutup informasi hasil penyidikan, jauh lebih bermanfaat bagi publik ketimbang membukanya.

Semua pihak seharusnya memahami posisi dan peran masing-masing dalam menyikapi kasus Mirna. Pahamilah, orang yang terlibat atau pelakunya pasti ikut memantau kinerja Polisi. Maka jika hasil penyidikan dibuka ke publik, pastilah orang yang meracuni Mirna mengantisipasi dengan menghilangkan barang bukti atau alibi lain.

Pelaku dan pihak yang terlibat sudah pasti melakukan pembelaan dan berupaya menghilangkan barang bukti. Mereka ingin hasil penyidikan dipublis, agar mereka dapat mengantisipasi. Dengan berbagai cara, mereka akan memancing Polisi untuk terbuka.

Berangkat dari teori yang dipopulerkan oleh Doktor dari Prancis yang bernama Dr. Edmund Locard, bahwa “Every Contact Leaves a Trace” (Setiap kontak yang terjadi akan meninggalkan jejak).

Dalam kasus Mirna, pastilah banyak jejak yang dapat ditelusuri, guna mengungkap siapa pelaku sebenarnya. Jejak yang dimaksud termasuk jejak kaki, jejak sepatu, potongan rambut, sidik jari, rokok, pakaian, rekaman CCTV dan sebagainya.

Polisi sudah menelusuri semua jejak kejahatan dan pasti sudah mengantongi bukti-bukti yang kuat, hingga akhirnya menetapkan seseorang sebagai tersangka. Namun, tentulah dalam proses menyidikan itu Polisi tidak boleh membuka bukti-bukti yang dimilikinya.

Dalam perspektif UU KIP, Polisi hanya boleh membeberkan informasi yang tidak termasuk substansi penyidikan. Polisi tidak boleh membuka informasi yang masuk kategori informasi dikecualikan, yakni informasi yang apabila dibuka akan dapat menghambat proses penyelidikan dan penyidikan suatu tindak pidana.

Terkait itu, Publik diharapkan dapat menghormati keputusan Polisi dalam kasus Mirna. Yakni, tidak membuka seluruh informasi hasil penyelidikan dan penyidikan.

Walaupun UU KIP menyatakan, setiap Informasi Publik bersifat terbuka dan dapat diakses oleh setiap Pengguna Informasi Publik. Namun dalam mengungkap kejahatan, ada banyak informasi yang malah harus dirahasiakan. ***

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