Ditres Narkoba Polda Sulut Kalah Praperadilan, 1125 Botol Minol Harus Dikembalikan, Pemilik Cafe Twelve Akan Gugat Perdata

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MANADO – Setelah menanti selama seminggu, permohonan Praperadilan yang dilakukan pemilik minuman beralkohol (Minol) Cafe Twelve Wine and Liquor Vanny Desire Samsu terhadap Polda Sulut dalam hal ini Ditres Narkoba, dikabulkan oleh Pengadilan Negeri (PN) Manado pada Sidang, Senin (14/10/2019).

Dalam persidangan di PN Manado Hakim tunggal Ferry Sumlang SH saat membacakan permohonan Praperadilan yang dilakukan oleh Pemohon terhadap Termohon dalam hal ini Ditres Narkoba Polda Sulut mangatakan dikabulkan sebagian. 

Hakim Tunggal Ferry Sumlang SH ketika membaca hasil putusan sidang Praperadilan menegaskan, penyitaan yang dilakukan oleh pihak Ditres Narkoba Polda Sulut terhadap Minuman Beralkohol milik Cafe Twelve Wine and Liquor Tidak Sah dan Menyalahi Prosedur, untuk itu minuman beralkohol yang telah disita oleh Ditres Narkoba sebanyak 1125 botol harus dikembalikan.

Hakim menyampaikan putusan itu diambil setelah menilai dan mempertimbangkan surat izin yang dinilai telah habis masa berlakunya oleh pihak Ditres Narkoba Polda Sulut, ternyata surat izin tersebut telah ada dan telah diperpanjang yang dikeluarkan oleh Dinas Penanaman Modal PTPSP Pemerintah kota Manado tertanggal 2 Oktober 2019, sehingga berdasarkan fakta tersebut, PN Manado menilai Termohon masih memiliki waktu untuk menunggu memperolah izin penyitaan dari Ketua Pengadilan Negeri Manado sehingga tidak perlu terburu-buru untuk melakukan penyitaan, karena izin penyitaan dari Ketua Pengadilan Negeri Manado tidak membutuhkan waktu lama atau tidak sampai sehari. “Jadi Praperadilan Pemohon diterima dan dikabulkan, sedangkan yang tidak dikabulkan oleh hakim  adalah ganti rugi atas penyitaan tersebut, sehingga penyitaan tersebut kami nilai tidak sah,” kata Hakim Ferry Sumlang saat membacakan putusan Praperadilan.

Penasehat hukum pemilik Cafe
Twelve Wine and Liquor Hanafi Saleh SH mengatakan, dari awal kami sudah yakin menang karena menilai tindakan yang dilakukan termohon tidak tepat dan menyalahi aturan. “Sehingga untuk minuman beralkohol yang telah disita oleh termohon meski ada perintah pengadilan untuk dikembalikan, namun pihak pemohon dan prinsipal akan mendiskusikan dahulu, karena Minol yang disita tesebut harus diperhatikan lokasi dan tempat penyimpanan, sehingga saat dikembalikan Minol tersebut tetap aman dan bisa dikonsumsi kembali,” tandasnya. Namun sejatinya tindakan Termohon dalam hal ini Ditres Narkoba Polda Sulut adalah tindakan melawan hukum dan berlebihan,” tambah Hanafi.

Pemilik cafe Twelve Wine and Liquor Vanny Desire Samsu menyampaikan, bersyukur menang dalam Praperadilan dan setelah ini pihaknya akan menempuh jalur hukum lagi dengan melakukan gugatan perdata terhadap Ditres Narkoba, karena telah merugikan pihaknya saat melakukan penggeledahan dan penyitaan terhadap minuman beralkol di Cafe, sehingga tokoh tutup sementara dan tidak bisa berjualan karena masih terpasang garis polisi (Police Line). “Setelah ini saya akan lakukan gugatan perdata agar ada efek jerah,” tegas Ci Vany.

Sementara itu Dir Narkoba Polda Sulut Kombes Pol Eko Wagiyanto yang juga hadir dipesidangan, ketika ditanya soal hasil Praperadilan yang dimenangkan oleh pemohon dengan singkat menyampaikan minol yang telah disita akan dikembalikan. “Ya kita pulangkan dan kita kembalikan lagi,” tandasnya singkat.

Diketahui kasus ini bermula saat Tim Dit Res Narkoba Polda Sulut menemukan izin minuman beralkohol dari Cafe tersebut telah habis masa berlakunya pada Bulan Februari tahun 2019, sehingga Polisi melakukan penyitaan terhadap minuman keras (Miras) berbagai merek tersebut pada tanggal 20 September 2019, namun tanpa menunjukan surat penyitaan dari Ketua PN Manado, dan surat tersebut baru keluar pada tanggal 23 September 2019, padahal pemilik cafe Twelve bersikeras Minol yang dijual legal dan izin sementara dalam proses perpanjangan, namun Polisi tetap membawa ribuan botol tersebut untuk disita, kemudian pemilik cafe melakukan gugatan Praperadilan dan menang dalam persidangan.

Penulis: Redaksi
Editor: Ishak Kusrant

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