Criminal Law Expert Reveals Suspect Rights and Importance of Investigation Evidence
Criminal law expert Hendri Jayadi from Universitas Kristen Indonesia has revealed that suspects possess the right to present witnesses who must be examined by investigators.
“If witnesses have been invited but not examined, then in my view they should be examined by investigators,” Jayadi stated at Jakarta South District Court on Thursday (12 March).
Jayadi, an expert witness brought by the respondent, made these remarks in response to questions from Lee Kah Hin’s legal counsel, Rolas Sitinjak, during a pre-trial hearing on false testimony charges.
The respondent in this case is the Metro Jaya Police Regional Office (Polda Metro Jaya), whilst the pre-trial petition was filed by Lee Kah Hin, Director of PT Wana Kencana Mineral.
Whilst acknowledging the rights suspects must have upheld by investigators, Jayadi emphasised that in establishing suspect status, investigators need only possess two forms of evidence.
“Such as witness testimony and expert opinion, whilst written evidence is additional,” he noted.
According to Jayadi’s principle, investigators must satisfy formal requirements in the investigation process.
“If only court decisions are used, then there is a formal defect,” Jayadi said.
During the hearing which commenced on Monday, Lee Kah Hin’s pre-trial petition was represented by Maqdir Ismail, Rolas Sitinjak, and Haris Azhar. The Metro Jaya Police Regional Office was represented by Ajun Komisaris Indon and Brigadir Satu Garindra.
The pre-trial hearing is scheduled to conclude on Friday (13 March) with final arguments.
The case originated when Lee Kah Hin testified as a witness regarding defendants Awwab Hafidz and Marsel in a matter involving boundary markers in PT WKM’s mining operation permit area. These markers were questioned by PT Position, which subsequently reported Awwab and Marsel to police, resulting in both becoming defendants.
The judicial panel subsequently acquitted Awwab and Marsel in December 2025. Meanwhile, a report alleging false testimony by Lee Kah Hin was filed in November 2025, before the acquittal was delivered.