Pelajar Ini Ditangkap Polisi Karena Bunuh Begal, Beginikah Hukum Negeri Kita?

Baru-baru ini tengah tersebar kabar kurang menyenangkan terkait seorang siswa yang membunuh begal karena merasa terancam.

Kejadian pembegalan hingga terbunuhnya begal terjadi di Dusun Penjalinan, Desa Gondanglegi Kulon, Kecamatan Gondanglegi, Kabupaten Malang, pada hari Minggu tanggal 8 September 2019.

Tepat pada saat itu dua orang siswa SMA berinisial ZA (17) dan juga pacarnya berinisial V tengah dihadang oleh 4 orang kawanan begal.

Ke-empat kawanan begal tersebut yaitu Misnan 35 tahun, Ahmad 22 tahun dan kakaknya Rozikin25 tahun, serta satu orang yang sampai saat ini masih buron.

Pelaku begal yang bernama Ahmad dan Misnan bertugas mengambil barang-barang berharga milik korban, sedangkan Rozikin dan satu pelaku lain bertugasnya berjaga di sekitar lokasi.

Kapolres Malang yang bernama AKBP Yade Setiawan Ujung saat mengintrogasi tersangka ZA dan juga tersangka Ahmad dengan kakaknya Rozikin pelaku begal pada hari Selasa tanggal 10 September 2019.

Ahmad serta Misnan meminta ZA menyerahkan seluruh barang berharganya seperti HP dan juga sepeda motor.Karena merasa takut, ZA mencoba menawarkan supaya pelaku hanya mengambil ponselnya saja.

Namun Misnan sebagai pelaku begal tidak setuju sehingga terjadi adu mulut antara ZA dan pelaku perampokan. Para begal tersebut memaksa V untuk berhubungan badan.

ZA sebagai pacar tentu saja merasa tidak terima pacarnya akan disetubuhi oleh sang begal Misnan.

Oleh karena itu ZA langsung melakukan pembelaan dengan pisau yang digunakan untuk praktek sekolah di jok motornya, dan menusuk dada kanan Misnan.

Setelah menusuk Misnan, ZA dan juga pacarnya langsung kabur untuk mencari pertolongan dengan pulang ke rumah, dan menceritakan kejadian itu ke orang tuanya.

Polres Malang pun berhasil menangkap dua pelaku begal, yaitu Ahmad serta kakak yang bernama Rozikin namun satu pelaku lagi saat ini masih buron.

Polres Malang saat itu juga sempat menangkap ZA sebagai seorang siswa SMA yang diduga menusuk begal bernama Misnan hingga tewas.

Namun, ZA tidak ditahan lantas Kapolres Malang atas nama AKBP Yade Setiawan Ujung menerangkan bahwa ada sebuah alasan yang menjadikan pelajar tersebut tidak jadi di tahan.

"Kami sudah putuskan kemarin untuk tidak ditahan. ZA statusnya masih pelajar. Atas pertimbangan Yang bersangkutan ZA masih berstatus pelajar.

Selain itu juga pertimbangan alasan pembelaan diri dalam melakukan perbuatannya," ujar Ujung ketika dikonfirmasi pada hari Rabu tanggal 11 September 2019.

Kasus ini akan terus di proses yang mana Ujung menerangkan bahwa ZA harus menjalani wajib lapor.

"Akan diatur jadwalnya. Wajib lapor iya. Jadwalnya kami atur supaya tidak mengganggu jadwal sekolah," ungkap Ujung.

Meskipun motifnya pembelaan namun sebagaimana Noodweer pasal 49 KUHP, yang berwenang untuk memutuskan perbuatannya masuk kategori pembelaan diri adalah hakim.

"Pembelaan diri itu ada syaratnya. Perlu dilihat apakah ada serang lebih dulu atau tidak. Proporsional antara serangan dan pembelaan diri. Serta non subtitusi, artinya tidak ada pilihan lain saat peristiwa terjadi, misalnya dibunuh atau membunuh. Itu nanti Hakim yang akan mempertimbangkan," ujar Ujung.

Ujung sangat berharap terkait penanganan perkara ini tidak menjadi polemik karena pada prinsipnya penyidik adalah praktisi hukum yang hanya bisa melakukan semua tindakan sesuai dengan hukum yang berlaku yang mana dalam hal ini KUHP dan KUHAP.

ZA mengaku sangat emosi pada saat pacarnya diajak berhubungan intim oleh kawanan begal sehingga ia melakukan pembelaan dengan cara membunuh salah seorang kawanan begal.

Satreskrim Polres Malang hingga pada saat ini masih melakukan penyidikan dan melakukan pengembangan kasus. Meskipun dengan alasan membela diri, ZA harus turut ditangkap dan dikenakan Pasal tentang Penganiayaan.

Sumber berita : tribunnews.com

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