Roy Suryo Hearing: Expert Says Two Pieces of Evidence Enough to Name a Suspect
A criminal law expert presented by the Metro Jaya Police at the pretrial hearing of Roy Suryo at the South Jakarta District Court on Wednesday (15/7) asserted that investigators can name a person a suspect if they have at least two valid pieces of evidence. Professor of Criminal Law Erdianto Effendi explained that this provision regarding two pieces of evidence is the result of the Constitutional Court’s interpretation of the Criminal Procedure Code (KUHAP).
He stated that investigators are not required to have a specific type of evidence. As long as there are at least two valid pieces of evidence, the requirement for naming a suspect has been met. Erdianto also emphasised that the scope of a pretrial examination is limited to formal aspects, not testing the quality of the evidence in a case. According to him, the pretrial judge only examines whether the investigator had at least two valid pieces of evidence and whether the evidence was obtained in accordance with legal provisions.
He stressed that the pretrial examination does not assess whether or not a person committed a criminal act. Erdianto also stated there is no provision requiring investigators to first obtain witness statements before naming someone a suspect.
Previously, Roy Suryo’s legal counsel, Refly Harun, stated that his team was not questioning the number of pieces of evidence the investigators had, but rather the quality of the evidence used as the basis for the suspect designation. According to Refly, the issue is whether the evidence truly supports the charge under Article 32 paragraph (1) of the Electronic Information and Transactions Law (UU ITE). He also questioned the relevance of the evidence claimed by investigators, including witness statements, expert opinions, and documentary evidence.
The pretrial case stems from Roy Suryo’s lawsuit against his designation as a suspect by the Metro Jaya Police in a case of alleged dissemination of fake diploma accusations involving the name of the 7th President of Indonesia, Joko Widodo. Through the pretrial motion, Roy Suryo asked the sole judge to declare the suspect designation invalid and to cancel three Investigation Orders (Sprindik) issued by the Metro Jaya Police between 2025 and 2026. The Metro Jaya Police have requested the South Jakarta District Court to reject Roy Suryo’s pretrial motion, stating that the suspect designation was supported by three valid pieces of evidence.