Exception/Rejection or Denial or Defense (Plea) on the Allegation of Prosecutor Junior Prosecutor

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Dr. Youngky Fernando S.H, M.H
Dr. Youngky Fernando, SH.MH (Dok. Youtube)

Hak Suara, Palabuhanratu-Sukabumi, Thursday, October 14, 2021.
Dear Honorable
Judges on Criminal Case Number 356/PidSus/2021/PN Cbd.
At  the Cibadak District Court, Sukabumi Regency, West Java.
Regarding: Exception/Exception/Exception/Objection.
Exception/Rejection or Denial or Defense (Plea) on the Allegation
of Prosecutor Ferdy Setiawan, SH, Junior Prosecutor. NIP:
1983051620071 21001 and Attorney Aji Sukartaji, SH Juncto
Alleged Investigation Report Alahmadi Omar Abdulaziz Soud.
Saudi Arabian citizen. 46 years old.
Dear Sirs,
the undersigned;
1. Dr. Youngky Fernando, SH, MH
2. Rano Suhendra, SH
Advocate / Lawyer / Legal Advisor / Defender of Legal Interests at the law office
YOUNGKY FERNANDO RAMBE & PARTNERS. In this case, as an advisor
to the defendant and defender of the legal interests of the Accused, Alahmadi
Omar Abdulaziz Soud, citizen of Saudi Arabia, born in Yanbu. March 31, 1975.
Age 46, residing and having his address at Sentra Timur Residence, State of Saudi
Arabia, Passport Saudi Arabia Number: Y568617, Passport validity period of
Saudi Arabia until January 24, 2031. In this case the name mentioned above is
currently under examination by the Assembly Judge of the Cibadak District
Court, Sukabumi Regency, West Java. Criminal Case Register Number
356/Pid.Sus/2021/PNCbd. Based on the accusation of the Prosecutor Ferdy
Setiawan, SH, the Junior Prosecutor. NIP: 19830516200 7121001 and Aji
Sukartaji, SH The first allegation of a crime is in Article 114 paragraph (1) Juncto
Article 132 paragraph (1) of Law-RI Number: 35 of 2009, concerning Narcotics.
Or the second charge criminal acts in Article 112 paragraph (1) Juncto Article
132 paragraph (1) of Law-RI Number: 35 of 2009, concerning Narcotics. Or the
third accusation of a criminal act in Article 127 paragraph (1) letter a of Law-RI
Number: 35 of 2009, concerning Narcotics. Alleged Indictment Number: Reg.
No. Case: PDM-89/Cbd/Enz.2/ 09/2021. September 9, 2021, submitted to the
court on September 20, 2021, read by Prosecutor Ferdy Setiawan, SH, Junior
Prosecutor. NIP: 1983051620071 21001 and Aji Sukartaji, SH Thursday, October
07 2021, but when it was about to be read last Thursday, September 30, 2021,
they were hindered by the refusal of the defendant’s defense, due to the ArabicIndonesian translator presented by Prosecutor Ferdy Setiawan, SH, Junior
Prosecutor. NIP: 198305162007121001 and Aji Sukartaji, SH not sworn in or
illegal. The language translator was given by the Narcotics Investigator of the
Sukabumi District Police, West Java. Juncto Minutes of Investigation (BAP) On
behalf of Alahmadi Omar Abdulaziz Soud. Saudi Arabian citizen. 46 years old.
Hereby submits an Exception/Exception/Exceptie or
Objection/Exception/Rejection/Rebuttal or Defense (Plea) which is as follows:
I. PRELIMINARY.
1. On Thursday, June 17, 2021. Accused Ayu Rahayu bint Hasan
Fudoli Indonesian citizen aged 29 with her husband Accused Alahmadi
Omar Abdulaziz Soud, citizen of Saudi Arabia, born in Yanbu. March
31, 1975. Age 46, residing and having his address at Sentra Timur
Residence, Saudi Arabia, Passport Saudi Arabia Number: Y568617,
Passport valid for Saudi Arabia until January 24, 2031, on the island of
Bali on vacation and there they use narcotics (shabu).
2. Accused Alahmadi Omar Abdulaziz Soud, Citizen of Saudi Arabia,
Born in Yanbu. March 31, 1975. Age 46, Residing and having his
address at Sentra Timur Residence, Saudi Arabia State, Passport Saudi
Arabia Number: Y568617, Passport validity period of Saudi Arabia
until January 24, 2031 every year holiday the company always visits
Indonesia, while meeting his betel wife who lives in Bogor Regency,
West Java.
3. Accused Alahmadi Omar Abdulaziz Soud, Citizen of Saudi Arabia,
Born in Yanbu. March 31, 1975. Age 46, residing and having his
address at Sentra Timur Residence, Saudi Arabia State, Passport Saudi
Arabia Number: Y568617, Passport validity period of Saudi Arabia
until January 24, 2031 arrives in Indonesia on Tuesday, June 1, 2021,
based on proof of Qatar Airways Flight Ticket QR 1189. Tuesday 01
June 2021 to Saturday, 24 July 2021.
4. The accused (husband and wife) finished their vacation from Bali,
they vacationed and spent the night at Palabuhanratu Beach Villa,
Sukabumi Regency, West Java.
5. On Saturday, June 26, 2021. The accused (husband and wife)
intended to use or use drugs (shbu) and then asked the driver (accused
solih bin beben) to find the item, but because the driver (accused solih)
did not know about it and he do not know about how to give the item
(shabu).
6. Based on the above, the accused Solih bin Beben finally
remembered the name of his friend who had a job in Jakarta and asked
the Defendant Yuda bin Uyan about it and finally the Accused Solih
bin Beben sent money amounting to Rp. 1.5 million (one million five
hundred thousand rupiah) to the Defendant Yuda bin Uyan. The
money given by his employer (accused husband and wife) who
originally gave Rp. 1.6 million (one million six hundred thousand
rupiah) for the provision of one-time use or use of Narcotics (shabu)
for one-time use only. However, due to the lack of money from the
original gift and the driver, the accused (husband and wife) asked for an
additional Rp. 1.5 million (one million five hundred thousand rupiah).
7. It was later discovered that the criminal incident was: The accused
Alahmadi Omar Abdulaziz Soud. Citizen of Saudi Arabia, Born in
Yanbu. March 31, 1975. Age 46, residing and having his address at
Sentra Timur Residence, Saudi Arabia, Passport Saudi Arabia Number:
Y568617, Saudi Arabia Passport valid until January 24, 2031. Together
with his wife, Indonesian citizen. Ayu Rahayu(29 years old) intends
or intends to use or use Narcotics (shabu) by asking the driver for help
. The accused is an Indonesian citizen. Solih (30 years old) to find
the Narcotics (shabu) and then Accused Solih (30 years old) contacted
the Indonesian Citizen. Yuda bin Uyan and the Defendant Yuda
contacted the Defendant, an Indonesian citizen. Wandi and the
Defendant Wandi bought Narcotics (shabu) from the Indonesian Seller
/ Accused. Jaeni Ansori bin Agus Sahiman. 31 years old. Born in
Sukabumi, August 15, 1990. Address at Kampung Gunung Butak
Number: 112, RT 003, RW 003. City and Urban Village and Subdistrict
of Palabuhanratu, Sukabumi Regency, West Java Province.
8. At the time of the arrest of the Owner of Narcotics (shabu) Seller
/ Defendant Indonesian Citizen. Jaeni Ansori bin Agus Sahiman(31
years old) which was held by Narcotics Police POLRES Sukabumi
Regency, West Java, named: 1. Sandia Nurul. 2. Diki Wahyudi. 3. Ricki
Cahyadi. There is evidence in the possession of the owner and seller:
one pack of black double foam containing one plastic straw inside is one
clear plastic package containing white crystals weighing 0.2489 grams
and one red insulation package containing one white tissue paper
package inside there is one plastic package clear containing white
crystals weighing 0.8517 grams. Types of Narcotics (shabu) containing
Methamphetamine (Narcotics Type Group-1. Attachment to
PERMENKES-RI Number 41 of 2017, concerning Changes in
Narcotics Classification. Juncto Law of the Republic of Indonesia
Number 35 of 2009, concerning Narcotics)
9. Legal Versus Criminal Events. Saturday, June 26, 2021: Arrest
of Indonesian Citizen Defendant. Jaeni Ansori (31 years old) and
against the Defendant Wandi and against the Defendant Yuda bin
Uyan and against the Defendant Solih bin Beben (29 yo) and then
against the Defendant Alahmadi Omar Abdulaziz Soud. Saudi
Arabian citizen, born in Yanbu. March 31, 1975. Age 46, residing and
having his address at Sentra Timur Residence, Saudi Arabia, Saudi
Arabia Passport Number: Y568617, Saudi Arabia Passport valid until
January 24, 2031. With his wife. The accused is an Indonesian
citizen. Ayu Rahayu (29 years old)
10. On Sunday, 27 June 2021. The Arrest Warrant Number:
SP.Kap/89/VI/2021/Sat.Narkoba was issued. Juncto Police Report
model-A (finding) Number: LP/A/93/VI/2021/SPKT. Sat.ResDrugs/Police Sukabumi/POLDA JABAR.
11. On Monday, June 28, 2021. Examination of the accused: 1.
The accused Alahmadi Omar Abdulaziz Soud. Saudi Arabian citizen,
born in Yanbu. March 31, 1975. Age 46, residing and having his address
at Sentra Timur Residence, Saudi Arabia, Saudi Arabia Passport
Number: Y568617, Saudi Arabia Passport valid until January 24, 2031;
2. The accused is an Indonesian citizen. Ayu Rahayu(29 years old);
3. Accused Driver (Solih bin Beben. 29 years old). During the
examination, the Examiner appointed Tusyana Priyatin, SH as Legal
Advisor to the Accused and Non-Professional Assistance to the
accused(without the assistance of a sworn Arabic-Indonesian
translator and without any BAP-Indonesian to Arabic specifically
for the accused foreigner) and even spend Rp. 700 million rupiahs,
given by the family of the accused from Saudi Arabia through an
Indonesian citizen, Mrs. Maya (ex-TKW) who understands ArabicIndonesian to Tusyana Priyatin, SH.
12. On Tuesday, June 29, 2021. The accused were detained for 20
days (June 29, 2021 to July 18, 2021) First Suspect Article 114
paragraph (1) Juncto Article 132 paragraph (1). Or the Second Suspect
Article 112 paragraph (1) Juncto Article 132 paragraph (1). Or the Third
Allegation Article 127 paragraph (1) letter a. Law of the Republic of
Indonesia Number 35 of 2009. On October 12, 2009 (State Gazette of
the Republic of Indonesia of 2009, Number 143. Supplement to the
State Gazette of the Republic of Indonesia Number 5062) concerning
Narcotics.
13. On Monday, 19 July 2021. The detention was extended for 40
days(19 July 2021 to 27 August 2021) by the Sukabumi District
Attorney, based on a request Head of Drugs at the Sukabumi District
Police. The first suspicion is Article 114 paragraph (1) Juncto Article
132 paragraph (1) or the second suspicion is Article 112 paragraph (1)
Juncto Article 132 paragraph (1). Or the Third Allegation Article 127
paragraph (1) letter a. Law of the Republic of Indonesia Number 35 of
2009. On October 12, 2009 (State Gazette of the Republic of Indonesia
of 2009, Number 143. Supplement to the State Gazette of the Republic
of Indonesia Number 5062) concerning Narcotics.
14. On Friday, August 27, 2021. Tusyana Priyatin, SH Legal
Advisor the appointment of the Drug Investigator at the Sukabumi
District Police, was revoked or his power of attorney was
withdrawn by the accused.
15. On Saturday, August 28, 2021. The Defendants pointed a
Jakarta advocate named Dr. Youngky Fernando, SH, MH
16. On Saturday, August 28, 2021. The Phase Two Detention of
the Accused was extended for 30 days(August 28, 2021 to September
26, 2021) Cibadak District Court, Sukabumi Regency, based on a
request Head of Drugs at the Sukabumi District Police. The First
Allegation Article 114 paragraph (1) Juncto Article 132 paragraph (1).
Or the Second Suspect Article 112 paragraph (1) Juncto Article 132
paragraph (1). Or the Third Allegation Article 127 paragraph (1) letter
a. Law of the Republic of Indonesia Number 35 of 2009. On October
12, 2009 (State Gazette of the Republic of Indonesia of 2009, Number
143. Supplement to the State Gazette of the Republic of Indonesia
Number 5062) concerning Narcotics.
17. On Thursday, September 09, 2021. The accused and their case
files were transferred from the police to Prosecutor Ferdy Setiawan, SH,
Junior Prosecutor. NIP: 198305162007121001. At the Sukabumi
District Attorney’s Office. Simultaneously, the Defendants revoked
their Power of Attorney over the Jakarta Advocates. Dr. Youngky
Fernando, SH, MH Allegedly the accused received psychological
pressure by the Crime Control Model Versus HIR / RIB Versus the
Sukabumi District Attorney.
18. On Thursday, September 9, 2021. Prosecutor Ferdy Setiawan,
SH, Junior Prosecutor. NIP: 198305162007121001. Sukabumi District
Attorney. Issuing the Indictment against the Accused: The First
Allegation Article 114 paragraph (1) Juncto Article 132 paragraph (1).
Or the Second Allegation Article 112 paragraph (1) Juncto Article 132
paragraph (1). Or the Third Allegation Article 127 paragraph (1) letter
a. Law of the Republic of Indonesia Number 35 of 2009. On October
12, 2009 (State Gazette of the Republic of Indonesia of 2009, Number
143. Supplement to the State Gazette of the Republic of Indonesia
Number 5062) concerning Narcotics.
19. On Friday, September 17, 2021. The staff of the Embassy of
the Kingdom of Saudi Arabia contacted Advocate Dr. Youngky
Fernando, SH, MH Requested to accompany the Accused Citizen
Accused Alahmadi Omar Abdulaziz Soud. Saudi Arabian citizen,
born in Yanbu. March 31, 1975. Age 46, residing and having his address
at Sentra Timur Residence, Saudi Arabia, Saudi Arabia Passport
Number: Y568617, Saudi Arabia Passport valid until January 24, 2031.
20. On Monday, September 20, 2021. Prosecutor Ferdy Setiawan,
SH, Junior Prosecutor. NIP: 198305162007121001. Delegating the
Case Files of the Accused to the Registrar of the Cibadak District Court,
Sukabumi Regency, West Java.
21. On Thursday, September 30, 2021. Prosecutor Ferdy Setiawan,
SH, Junior Prosecutor. NIP: 198305162007121001. Together with
Prosecutor Aji Sukartaji, SH Read the Accused’s Indictment.
Prosecutors The event presented a motorcycle taxi driver who claimed
to be an Arabic-Indonesian translator (without being sworn in and
without a practice permit). The illegal translator was a gift from/by the
Sukabumi District Police. Due to strong rejection by/from Jakarta
Advocates. Dr. Youngky Fernando, SH, MH Advisor to the Accused,
finally the illegal Arabic-Indonesian translator was rejected by the Panel
of Judges. Because it is not in accordance with PERMENKUMHAMRI Number 04 of 2019. On 19 February 2019. Amendment to
PERMENKUMHAM-RI Number 29 of 2016. concerning Terms and
Procedures for Appointment, Reporting and Dismissal of Sworn
Translators.
22. On Thursday, October 7, 2021. Prosecutor Ferdy Setiawan, SH,
Junior Prosecutor. NIP: 198305162007121001 with Attorney Aji
Sukartaji, SH Sukabumi District Attorney. Read the Indictment of
Accused Alahmadi Omar Abdulaziz Soud. Saudi Arabian citizen,
born in Yanbu. March 31, 1975. Age 46, residing and having his address
at Sentra Timur Residence, Saudi Arabia, Saudi Arabia Passport
Number: Y568617, Saudi Arabia Passport valid until January 24, 2031.
Without a copy of the indictment in Arabic.
23. Since the beginning and until now the Investigators and
Prosecutors have not provided police investigation report Accused
foreignerrabia and The indictment of the accused foreign national
and the official report on the examination of the National Narcotics
Agency, Sukabumi Regency, West Java. to the Jakarta Advocate. Dr.
Youngky Fernando, SH, MH Or to the Embassy of the Kingdom of
Saudi Arabia. This is the behavior of the Crime Control Model Versus
HIR / RIB Versus the Narcotics Investigator of the Sukabumi District
Police Versus the Public Prosecutor. District Attorney’s Office of
Sukabumi Regency, West Java. This is contrary to the Indonesian
Criminal Procedure Code.
24. From the investigation to the indictment of the accused.
Investigators and Prosecutors did not provide police investigation
report Accused foreignerrabia into two languages (ArabicIndonesian) and The indictment of the accused foreigners in two
languages (Arabic-Indonesian) and the Official Report of the
Examination of the National Narcotics Agency of Sukabumi
Regency, West Java. to the Jakarta Advocate. Dr. Youngky
Fernando, SH, MH Or to the Embassy of the Kingdom of Saudi
Arabia. This is the behavior of the Crime Control Model Versus HIR /
RIB Versus the Narcotics Investigator of the Sukabumi District Police
Versus the Public Prosecutor. District Attorney’s Office of Sukabumi
Regency, West Java. This is contrary to the Indonesian Criminal
Procedure Code. Juncto PERMENKUMHAM-RI No. 04 of 2019.
On February 19,2019. Amendment to PERMENKUMHAM-RI
Number 29 of 2016. concerning Terms and Procedures for
Appointment, Reporting and Dismissal of Sworn Translators.
25. The accused was questioned by the Narcotics Investigator of the
Sukabumi District Police and charged by Prosecutor Ferdy Setiawan,
SH, Junior Prosecutor. NIP: 19830516200 7121001 and Attorney Aji
Sukartaji, SH Sukabumi District Attorney. There is no rehabilitation
for Narcotics (shabu) abusers. As referred to in the legal provisions:
1. Law-Narcotics. Article 54: Narcotics addicts and victims of
narcotics abuse are obliged to undergo medical rehabilitation and social
rehabilitation. Juncto Article 103 paragraph (1): Judges who examine
cases of Narcotics Addicts may: a: decide to order the person
concerned to undergo treatment and/or treatment through rehabilitation
if the Narcotics Addict is proven guilty of committing a Narcotics
crimenarcotics crime. or b: determine to order the person concerned to
undergotreatment and/or treatment through rehabilitation if the
Narcotics Addict is not proven guilty of committing a Narcotics crime.
Paragraph (2): The period of undergoing treatment and/or treatment
for Narcotics Addicts as referred to in paragraph (1) letter a is calculated
as a period of serving a sentence. And 2. Circular Letter of the
Supreme Court-RI Number: 04 of 2010. Regarding the Placement of
Abuse, Victims of Abuse, and Narcotics Addicts in Medical
Rehabilitation and Social Rehabilitation Institutions. And 3. Joint
Regulation of the Chairman of the Supreme Court of the Republic
of Indonesia and the Minister of Law and Human Rights of the
Republic of Indonesia and the Minister of Health of the Republic of
Indonesia and the Minister of Social Affairs of the Republic of
Indonesia and the Attorney General of the Republic of Indonesia
and the Head of the State Police of the Republic of Indonesia and
the Head of the National Narcotics Agency of the Republic of
Indonesia Number: 01/ PB/MA/III/2014. Number: 03 of 2014.
Number: 11/2014. Number: 03 of 2014. Number: PER005/A/JA/03/2014. Number: 1 of 2014. Number:
PERBER/01/III/2014/BNN. Located at the Office of the Vice
President of the Republic of Indonesia. Dated March 11, 2014.
Regarding the Handling of Narcotics Addicts, Victims of Narcotics
Abuse in Rehabilitation Institutions. And 4. Circular Letter of the
Constitutional Court Number 04/BUA.6/HS/SP/IV/2010. April 7,
2010. Regarding Placement of Abuse and Victims of Abuse and
Narcotics Addicts into Medical Rehabilitation and Social Rehabilitation
Institutions. And 5. Peraturan Head of Criminal Police No. 1 of 2016.
About SOP Narcotics Addicts and Victims of Narcotics, Narcotics
Abuse Into RehabilitationInstitute. And 6. Circular Letter of the
State Police of the Republic of Indonesia Number: SE/8/VII/2018.
27 July 2018. Regarding the Application of Restorative Justice in the
Settlement of Criminal Cases. And 7. Regulation of the Head of the
National Police of the Republic of Indonesia Number 6 of 2019.
Dated October 4, 2019. Regarding Criminal Investigations. The need
for an expert to make light of the crime. And 8. Guidelines for the
Attorney General-RI Number: 11 of 2021. On 19 July 2021.
Appendix-I and Appendix-II, regarding the Handling of Narcotics
Crime Cases and/or Narcotics Precursor Crimes. 9.and LawLaw No. 8,
1981. On December 31, 1981 (31 December 1983) Gazette of the
Republic of Indonesia Year 1981, No. 76. Gazette of the Republic of
Indonesia No. 3209. Article 53 paragraph (1): In an examination on
the level investigation and trial The suspect or defendant has the right
at any time to receive the assistance of an interpreter as referred to in
Article 177 paragraph (1): If the defendant or witness does not
understand the Indonesian language, the judge at the trial chair
appoints an interpreter who swears or promises to correctly translate
all which must be translated. Juncto Article 57 paragraph (2): A
suspect or accused of foreign nationality who is subject to detention has
the right to contact and speak(in a foreign language) with
representatives of his country in dealing with the case process. Juncto
Article 56 paragraph (1): In the event that a Suspect or Defendant is
suspected or charged with committing a criminal act which is
punishable by death or a criminal penalty of 15 years or more or for
those who are incapacitated who are threatened with a sentence of 5
years or more who do not have legal counsel The officials concerned at
all levels of examination in the judicial process are obligated to appoint
legal advisors for them. Paragraph (2): Every Legal Advisor appointed
to act as referred to in paragraph (1), provides assistance free of charge.
Juncto Article 143 paragraph (2) letter a and letter b: The
indictment does not meet the formal requirements and material
requirements. Juncto Article 143 paragraph (4): Rights of the
Suspect or Defendant / Rights of Advocates The Suspect or
Advocate of the Defendant to obtain a derivative of the case file of
the suspect or the defendant. Juncto Law of the Republic of
Indonesia Number 11 of 2011, November 2, 2011 (State Gazette of the
Republic of Indonesia of 2011, Number 104. Supplement to the State
Gazette of the Republic of Indonesia Number 5248) concerning Free
Legal Services. Article 1. To(1): Legal Aid is a legal service provided
by Legal Aid Providers free of charge to Legal Aid Recipients. Juncto
Article 12: Legal Aid Recipients are entitled to: a. obtain Legal Aid
until the legal problem is resolved and/or the case has permanent legal
force, as long as the relevant Legal Aid Recipient does not revoke the
power of attorney; b. obtain Legal Aid in accordance with Legal Aid
Standards and/or Advocate Code of Ethics; and c. obtain information
and documents related to the implementation of the provision of Legal
Aid in accordance with the provisions of the legislation. Juncto Article
13: Recipients of Legal Aid must: a. convey evidence,
information, and/or case information correctly to the Legal Aid
Provider; b. assisting the smooth provision of Legal Aid. Juncto Article
20: Legal Aid Providers are prohibited from receiving or requesting
payments from Legal Aid Recipients and/or other parties related to the
case being handled by the Legal Aid Provider. Juncto Article 21: Legal
Aid Provider proven to have received or requested payment from Legal
Aid Recipients and/or other parties related to the case being handled as
intended in Article 20, shall be sentenced to a maximum imprisonment
of 1 (one) year or a maximum fine of Rp. 50,000,000, – (fifty million
rupiah). And 10. POLRI Headquarters Circular Letter Number:
SE/8/VII/2018. 27 July 2018. Attachments. Regarding the Application
of Restorative Justice in the Settlement of Criminal Cases. And 11.
Regulation of the Attorney General-RI Number: 15 of 2020. On July
21, 2020. On Cessation of Prosecution Based on Restorative Justice.
And 12. Investigators & Public Prosecutors Violating Legal
Obligations Can Be Sentenced Under the Narcotics Law. Article
140 paragraph (2): Investigators of thePolice Indonesian Nationaland
BNN investigators who do not implement the provisions as referred to
in Article 87 paragraph (1): Investigators ofpolice the Indonesian
stateor BNN investigators who confiscate Narcotics and Narcotics
Precursors, or those suspected of Narcotics and Narcotics Precursors,
or containing Narcotics and Narcotics Precursors MUST conduct
sealing and make a confiscation report (BAP) on the day of the
confiscation, which at least load: a. name, type, nature, and amount; b.
information regarding the place, time, day, date, month, and year of
the confiscation; c. information regarding the owner or control of
Narcotics and Narcotics Precursor; and D. signature and complete
identity of the investigator who made the confiscation. Paragraph (2):
the investigator as referred to in paragraph (1) MUST notify the
confiscation he has made to the local KAJARI no later than 3×24 hours
after the confiscation is carried out and a copy is submitted to the local
KPN, MINISTER, and Head of BPOM. be subject to a sentence as
referred to in Article 140 paragraph (1): sentenced to a minimum
imprisonment of 1 (one) year and a maximum of 10 (ten) years and a
minimum fine of Rp. 100 million, – (one hundred million) and a
maximum of Rp. 1 billion (one billion rupiah).
II. ATTENTION LETTER.
1. Saturday, June 26, 2021. Located at Villa Pantai Palabuhanratu,
Sukabumi Regency, West Java. The accused is Indonesian citizen,
Ayu Rahayu bint Hasan Fudoli (29 years old) with her husband. The
accused is a foreigner from Arabia. Alahmadi Omar Abdul Aziz
Saud (46 years old) wants or intends to use or use narcotics (shabu).
This was conveyed to the driver. The accused was Indonesian citizen,
Soleh bin Beben (30 years old). At his wish , the accused (husband
and wife) gave cash amounting to Rp. 1.6 million, – (one million six
hundred thousand rupiah). Furthermore, it was said that the money was
not sufficient to buy single-use narcotics (shabu). Finally , the accused
(husband and wife) gave another Rp. 1.5 million, – (one million five
hundred thousand rupiah).
2. Saturday, June 26, 2021. The accused Indonesian citizen Solih
bin Beben (30 years) contacted the Defendant Indonesian citizen
Yuda bin Uyan, by giving him Rp. 1.5 million, -(one million five
hundred thousand rupiah). Defendant Yuda bin Uyan contacted
Defendant WNI Wandi. Defendant Wandi bought Narcotics (shabu)
to the Narcotics Seller / Owner. Defendant Indonesian citizen Jaeni
Ansori bin Agus Sahiman (Born in Sukabumi, August 15, 1990.
Address at Kampung Gunung Butak Number 112, RT 003, RW 003.
City and Urban Village and Subdistrict of Palabuhanratu, Sukabumi
Regency. Evidence: one pack of black double foam containing one
plastic straw in which there is one clear plastic package containing white
crystals weighing 0.2489 grams and one red insulation pack containing
one pack of white tissue paper inside there is one clear plastic package
containing white crystals weighing 0.8517 grams. Types of Drugs
(shabu) containing Methamphetamine (Narcotics Type Group-1.
Attachment to PERMENKES – RI Number 41 of 2017, concerning
Changes in the Classification of Narcotics. Juncto Law of the Republic
of Indonesia Number 35 of 2009, concerning Narcotics.
3. The First Indictment Article 114 paragraph (1) Juncto Article 132
paragraph (1). Or the Second Indictment Article 112 paragraph (1)
Juncto Article 132 paragraph (1). Or the Third Indictment Article 127
paragraph (1) letter a. Law of the Republic of Indonesia Number 35 of
2009. On October 12, 2009 (State Gazette of the Republic of Indonesia
of 2009, Number 143. Supplement to the State Gazette of the Republic
of Indonesia Number 5062) concerning Narcotics.
III. Exceptions / Exceptions / Exceptions / Objections. Exception or
Disclaimer or Disclaimer or Defense (Plea).
1. Investigation and Detention of Defendant Alahmadi Omar
Abdulaziz Soud. Saudi Arabian citizen, born in Yanbu. March 31,
1975. Age 46, residing and having his address at Sentra Timur
Residence, Saudi Arabia, Saudi Arabia Passport Number: Y568617,
Saudi Arabian Passport valid until January 24, 2031. By the Narcotics
Investigator of the Sukabumi Police, West Java. Has violated: 1. LawNarcotics. Article 54 Narcotics addicts and victims of Narcotics abuse
are obliged to undergo medical rehabilitation and social rehabilitation.
Juncto Article 103 paragraph (1): Judges examining cases of
Narcotics Addicts may: a: decide to order the person concerned to
undergo treatment and/or treatment through rehabilitation if the
Narcotics Addict is proven guilty of committing a Narcotics crime. or
b: stipulates to order the person concerned to undergo treatment and/or
treatment through rehabilitation if the Narcotics Addict is not proven
guilty of committing a Narcotics crime. Paragraph (2) The period of
undergoing treatment and/or treatment for Narcotics Addicts as referred
to in paragraph (1) letter a is calculated as a period of serving a sentence.
And 2. Circular Letter of the Supreme Court-RI Number: 04 of
2010. Regarding the Placement of Abuse, Victims of Abuse, and
Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation
Institutions. And 3. Joint Regulation of the Chairman of the
Supreme Court-RI and the Minister of Law and Human Rights-RI
and the Minister of Health-RI and the Minister of Social Affairs-RI
and the Attorney General-RI and the KAPOLRI and the Head of
BNN-RI Number: 01/PB/MA/III /2014. Number : 03 of 2014.
Number : 11/2014. Number : 03 of 2014. Number : PER005/A/JA/03/2014. Number : 1 of 2014. Number :
PERBER/01/III/2014/BNN. Vice President of the Republic of
Indonesia. March 11, 2014. Concerning the Handling of Narcotics
Addicts, Victims of Narcotics Abuse in Rehabilitation Institutions. And
4. Circular Letter of the Constitutional Court Number
04/BUA.6/HS/SP/IV/2010. 7 April 2010. Regarding Placement of
Abuse and Victims of Abuse and Drug Addicts into Medical
Rehabilitation and Social Rehabilitation Institutions. And 5. Peraturan
Chief of Police Criminal No. 1 in 2016. About SOP Narcotic Addicts
and Victims of Narcotics, Narcotic Violations To
RehabilitationInstitute. And 6. Circular Letter of the State Police of
the Republic of Indonesia Number: SE/8/VII/2018. 27 July 2018.
Concerning the Application of Restorative Justice in the Settlement of
Criminal Cases. And 7. Regulation of the Head of the National Police
of the Republic of Indonesia Number 6 of 2019. On October 4, 2019.
Regarding Criminal Investigation. The need for an expert to uncover the
crime. And 8. Guidelines for the Attorney General’s Office-RI
Number: 11 of 2021. On 19 July 2021. Appendix-I-II, regarding the
Handling of Narcotics Crime Cases and/or Narcotics Precursor Crimes.
9. and Law Number 8 of 1981. On December 31, 1981 (December 31,
1983) State Gazette of the Republic of Indonesia Number 76 of 1981.
State Gazette of the Republic of Indonesia Number 3209. Article 53
paragraph (1) : During examination at the level of investigation and At
trial A suspect or defendant has the right at any time to receive the
assistance of an interpreter as referred to in Article 177 paragraph
(1): If the defendant or witness does not understand Indonesian, the
judge at the trial seat appoints an interpreter who swears or promises
to correctly translate everything that must be translated. Juncto Article
57 paragraph (2): A suspect or defendant who is a foreign national
who is subject to detention has the right to contact and speak(in a
foreign language) with representatives of his country in handling the
case process. Juncto Article 56 paragraph (1): In the event that the
Suspect or the Defendant is suspected or charged with committing a
criminal act which is punishable by death penalty or imprisonment of
15 years or more or for those who are paralyzed who are threatened
with the death penalty. sentence of 5 years or more who do not have
legal counsel The officials concerned at all levels of examination in the
judicial process are obliged to appoint legal counsel for them.
Paragraph (2) Every Legal Advisor appointed to act as referred to in
paragraph (1) shall provide assistance free of charge. Juncto Article
143 paragraph (2) letter a and letter b: The indictment does not
meet the formal and material requirements. Juncto Article 143
paragraph (4): The right of the suspect or the defendant / the right
of the suspect’s advocate or the defendant’s advocate to obtain a
derivative of the case file of the suspect or defendant. Juncto Law
of the Republic of Indonesia Number 11 of 2011, November 2, 2011
(State Gazette of the Republic of Indonesia of 2011 Number 104.
Supplement to the State Gazette of the Republic of Indonesia Number
5248) regarding Free Legal Services. Article 1. To (1): Legal Aid is a
legal service provided by Legal Aid Providers free of charge to Legal
Aid Recipients. Juncto Article 12 Legal Aid Recipients are entitled to:
a: obtain Legal Aid until the legal problem is resolved and/or the case
has permanent legal force, as long as the Legal Aid Recipient does not
revoke the power of attorney; b: obtain Legal Aid in accordance with
Legal Aid Standards and/or Advocate Code of Ethics; and c: obtain
information and documents related to the implementation of the
provision of Legal Aid in accordance with the provisions of the
legislation. Juncto Article 13: Recipients of Mandatory Legal
Aid: a: convey evidence, information, and/or case
information correctly to the Legal Aid Provider; b: help provide Legal
Aid offerings. Juncto Article 20: Legal Aid Providers are prohibited
from receiving or requesting payments from Legal Aid Recipients
and/or other parties related to the case being handled by the Legal Aid
Provider. Juncto Article 21: Legal Aid Providers who are proven to
have received or requested payment from Legal Aid Recipients and/or
other parties related to the cases handled as intended in Article 20, shall
be sentenced to a maximum imprisonment of 1 (one) year or a maximum
fine of Rp. 50,000,000, – (fifty million rupiah). And 10. POLRI
Headquarters Circular Letter Number: SE/8/VII/2018. 27 July
2018. Appendix. Regarding the Application of Restorative Justice in
the Settlement of Criminal Cases. And 11. Regulation of the Attorney
General-RI Number: 15 of 2020. On July 21, 2020. On Cessation of
Prosecution Based on Restorative Justice. And 12. Investigators &
Public Prosecutors Violating Legal Obligations Can Be Sentenced
under the Narcotics Law. Article 140 paragraph (2): Police
Indonesian Stateinvestigators and BNN investigators who do not carry
out the provisions as referred to in Article 87 paragraph (1): police
Indonesian stateor BNN investigators who confiscate Narcotics and
Narcotics Precursors, or who forget Narcotics and Narcotics
Precursors, or contain Narcotics and Narcotics Precursors MUST
conduct sealing and make a confiscation report (BAP) on the day the
confiscation is carried out, which is a bit- at least contains: a: name,
type, nature, and amount; B: information regarding the place, time,
day, date, month, and year of the confiscation; c: information
regarding the owner or control of Narcotics and Narcotics Precursors;
and d: signature and complete identity of the investigator conducting
the confiscation. Paragraph (2): as referred to in paragraph (1), the
MANDATORY confiscation isat the local KAJARI for a maximum of
3×24 Hours, and a copy thereof shall be confiscated to the local KPN,
MINISTER, and Head of BPOM. subject to the punishment as
referred to in Article 140 paragraph (1): sentenced to a minimum
imprisonment of 1 (one) year and a maximum of 10 years and a
minimum fine of Rp. 100 million, – and a maximum of Rp. 1 billion.
2. Detention and Prosecution of the Accused Alahmadi Omar
Abdulaziz Soud. Citizen of Saudi Arabia, Born in Yanbu. March 31,
1975. Age 46, residing and having his address at Sentra Timur
Residence, Saudi Arabia, Saudi Arabia Passport Number: Y568617,
Saudi Arabia Passport valid until January 24, 2031. By Prosecutor
Ferdy Setiawan, SH Junior Prosecutor. NIP: 198305162007121001 and
Attorney Aji Sukartaji, SHAttorney Sukabumi District. Has violated: 1.
Law-Narcotics. Article 54: Narcotics addicts and victims of narcotics
abuse are obliged to undergo medical and social rehabilitation. Juncto
Article 103 paragraph (1): Judges who examine cases of Narcotics
Addicts may: a: decides to order the person concerned to undergo
treatment and/or treatment through rehabilitation if the Narcotics
Addict is proven guilty of committing a Narcotics crime or b: stipulates
to order those undergoing treatment and/or treatment through
rehabilitation if the Narcotics Addict is not proven guilty of committing
a Narcotics crime. Paragraph (2): The period of undergoing treatment
and/or treatment for Narcotics Addicts as referred to in paragraph (1)
letter a is calculated as a period of serving a sentence. And 2. Circular
Letter of the Supreme Court-RI Number: 04 of 2010. Regarding the
Placement of Abuse, Victims of Abuse, and Narcotics Addicts in
Medical Rehabilitation and Social Rehabilitation Institutions. And 3.
Joint Regulation of the Chairman of the Supreme Court of the
Republic of Indonesia and the Minister of Law and Human Rights
of the Republic of Indonesia and the Minister of Health of the
Republic of Indonesia and the Attorney General of the Republic of
Indonesia and the Head of the State Police of the Republic of
Indonesia and the Head of the National Narcotics Agency of the
Republic of Indonesia Number: 01/PB/MA/III /2014. Number: 03
of 2014. Number: 11/2014. Number: 03 of 2014. Number: PER005/A/JA/03/2014. Number: 1 of 2014. Number:
PERBER/01/III/2014/BNN. Located at the Office of the Vice
President of the Republic of Indonesia. Dated March 11, 2014.
Regarding the Handling of Narcotics Addicts, Victims of Narcotics
Abuse in Rehabilitation Institutions. And 4. Circular Letter of the
Constitutional Court Number 04/BUA.6/HS/SP/IV/2010. April 7,
2010. Regarding Placement of Abuse and Victims of Abuse and
Narcotics Addicts into Medical Rehabilitation and Social Rehabilitation
Institutions. And 5. Guidelines for the Attorney General-RI
Number: 11 of 2021. On 19 July 2021. Appendix-I and-II, concerning
Handling of Narcotics Crime Cases and/or Narcotics Precursor Crimes.
And 6. Law of the Republic of Indonesia Number 8 of 1981. On
December 31, 1981 (December 31, 1983) State Gazette of the Republic
of Indonesia of 1981, Number 76. Supplement to the State Gazette of
the Republic of Indonesia Number 3209. Article 53 paragraph (1):
During examination at the investigation level and the court of the
Suspect or Defendant has the right to receive the assistance of an
interpreter as referred to in Article 177 paragraph (1): If the
Defendant or witness does not understand the Indonesian language, the
presiding judge appoints an interpreter who swears or promises to
correctly translate everything that must be translated. Juncto Article
57 paragraph (2): A suspect or defendant who is a foreign national
who is subject to detention has the right to contact and speaklanguage
(foreign) with representatives of his country in dealing with
theprocesscase. Juncto Article 56 paragraph (1): In the event that a
Suspect or Defendant is suspected or charged with committing a crime
which is punishable by death penalty or a criminal penalty of 15 years
or more or those who are unable to commit a criminal act, they are
threatened with a death penalty or more who do not have a Advisor The
law itself, the officials concerned at all levels of examination in the
judicial process, are obliged to appoint legal advisors for them.
Paragraph (2): Every Legal Advisor appointed to act as referred to in
paragraph (1), provides assistance free of charge. Juncto Article 143
paragraph (2) letter a and letter b: The indictment does not meet
the formal requirements and material requirements. Juncto Article
143 paragraph (4): Rights of the Suspect or the Defendant / Right
of Advocates The Suspect or Advocate of the Defendant to obtain a
derivative of the suspect’s case file or. Juncto Law of the Republic
of Indonesia Number 11 of 2011, November 2, 2011 Number 104.
Supplement to the State Gazette of the Republic of Indonesia Number
5248) concerning Free Legal Services. Article 1. To(1): Legal Aid is a
legal service provided by Legal Aid Providers free of charge to Legal
Aid Recipients. Juncto Article 12: Legal Aid Recipients have the right
to: a: obtain Legal Aid until the problem is resolved and/or the case has
legal force, as long as the Legal Aid Recipient does not have a power of
attorney; b: obtain Legal Aid in accordance with Legal Aid Standards
and/or Advocate Code of Ethics; and c: obtain information and
documents related to the implementation of the provision of Legal Aid
in accordance with the provisions of the legislation. Juncto Article 13:
Recipients of Mandatory Legal Aid: a: convey evidence, information,
and/or case information correctly to the Legal Aid Provider; b: help
provide Legal Aid offerings. Juncto Article 20: Legal Aid Providers are
prohibited from receiving or requesting payments from Legal Aid
Recipients and/or other parties related to the case being handled by the
Legal Aid Provider. Juncto Article 21: Legal Aid Providers who are
proven to have received or requested payment from Legal Aid
Recipients and/or other parties related to the cases handled as intended
in Article 20, shall be sentenced to a maximum imprisonment of 1 (one)
year or a maximum fine of Rp. 50,000,000, – (fifty million rupiah). And
7. Regulation of the Attorney General-RI Number: 15 of 2020. On
July 21, 2020. On Cessation of Prosecution Based on Restorative
Justice. And 8. Investigators & Public Prosecutors Violating Legal
Obligations Can Be Sentenced under the Narcotics Law. Article 140
paragraph (2): Police Indonesian Stateinvestigators and BNN
investigators who do not carry out the provisions as referred to in
Article 87 paragraph (1): police Indonesian stateor BNN investigators
who confiscate Narcotics and Narcotics Precursors, or those who forget
Narcotics and Narcotics Precursors, or contain Narcotics and
Narcotics Precursors MUST conduct sealing and make a confiscation
report (BAP) on the day the confiscation is carried out, which is a bitat least contains: a: name, type, nature, and amount; B: information
regarding the place, time, day, date, month, and year of the
confiscation; c: information regarding the owner or control of
Narcotics and Narcotics Precursors; and d: signature and complete
identity of the investigator conducting the confiscation. Paragraph
(2): as referred to in paragraph (1), the MANDATORY confiscation
isat the local KAJARI for a maximum of 3×24 Hours, and a copy thereof
shall be confiscated to the local KPN, MINISTER, and Head of
BPOM. subject to the punishment as referred to in Article 140
paragraph (1): sentenced to a minimum imprisonment of 1 (one) year
and a maximum of 10 years and a minimum fine of Rp. 100 million, –
and a maximum of Rp. 1 billion.
IV. CLOSING P.
1. Criminal Law(Criminal Code) Indonesia understand the
Integrated Criminal Justice System or the Integrated Criminal
Justice System. Police Institutions, Prosecutors, Courts, Corrections,
are sub-system in an integrated and integrated system, of course with
moral values that support effective law enforcement and upholding the
humanrights of suspects, defendants, convicts, with of course fighting
evil conspiracy(narcotics crime) in Indonesia in order to achieve legal
certainty, Legal justice, the use of law, in order to create a law-aware
and law-abiding society and the establishment of the State based on law
as the ideals of the nation.
2. If the investigation and prosecution process is proven not to be in
accordance with the appropriate legal provisions and rules, then based
on the opinion Jan van Dijk. Tilburg University(USA) Professor of
Victimology Positive Victimology Theory: The social factors that
most allow the occurrence of victims of criminal acts. Formal social
control instruments exist in criminal law and the criminal law
enforcement system. The state is also responsible for the formation of
social factors that cause victims of drug crimes to fall.
3. Social Issues Concerning Narcotics Abuse is effective with a prison
approach. this is proven by the birth offollowing theprovisions:
1. Law on Narcotics. Article 54: Narcotics addicts and victims of
narcotics abuse are obliged to undergo medical and social rehabilitation.
Juncto Article 103 paragraph (1): Judges examining cases of
Narcotics Addicts may: a: decide to order the person concerned to
undergo treatment and/or treatment through rehabilitation if the
Narcotics Addict is proven to have committed a Narcotics crime or b:
determine to order the person concerned to undergo treatment and/or
treatment through rehabilitation if the Narcotics Addict is not proven to
have committed a Narcotics crime. Paragraph (2): The period of
undergoing treatment and/or treatment for Narcotics Addicts as referred
to in paragraph (1) letter a is calculated as a period of serving a sentence.
And 2. Circular Letter of the Supreme Court-RI Number: 04
of 2010. Regarding the Placement of Abuse, Victims of Abuse, and
Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation
Institutions. And 3. Joint Regulation of the Chief Justice of the
Supreme Court of the Republic of Indonesia and the Minister of
Law and Human Rights of the Republic of Indonesia and the
Minister of Health of the Republic of Indonesia and the Attorney
General of the Republic of Indonesia and KAPOLRI and the Head
of BNN-RI Number: 01/PB/MA/III/2014. Number: 03 of 2014.
Number: 11/2014. Number: 03 of 2014. Number: PER005/A/JA/03/2014. Number: 1 of 2014. Number:
PERBER/01/III/2014/BNN. Vice President of the Republic of
Indonesia. March 11, 2014. Concerning the Handling of Narcotics
Addicts, Victims of Narcotics Abuse in Rehabilitation Institutions. And
4. Circular Letter of the Constitutional Court Number
04/BUA.6/HS/SP/IV/2010. April 7, 2010. Regarding Placement of
Abuse and Victims of Abuse and Narcotics Addicts into Medical
Rehabilitation and Social Rehabilitation Institutions. And 5. Peraturan
Head of the Criminal Investigation Police No. 1 of 2016. ABOUT
SOP Narcotic Addicts and Victims of Narcotics, Narcotics Abuse
IntoInstitute.Rehabilitation And 6. Circular Letter of the State
Police of the Republic of Indonesia Number: SE/8/VII/2018. 27 July
2018. Regarding the Application of Restorative Justice in the Settlement
of Criminal Cases. And 7. Regulation of the Head of the National
Police of the Republic of Indonesia Number 6 of 2019. October 4,
2019. Regarding Criminal Investigations. The need for an expert to
make light of the crime. And 8. Guidelines for the Attorney GeneralRI Number: 11 of 2021. On 19 July 2021. Appendix-I-II, regarding
the Handling of Narcotics Crime Cases and/or Narcotics Precursor
Crimes. And 9. Law of the Republic of Indonesia Number 8 of 1981.
On December 31, 1981 (December 31, 1983) State Gazette of the
Republic of Indonesia of 1981, Number 76. Supplement to the State
Gazette of the Republic of Indonesia Number 3209. Article 53
paragraph (1): During examination at the level of investigation and the
court of the Suspect or Defendant has the right to receive the assistance
of an interpreter as referred to in Article 177 paragraph (1): If the
Defendant or witness does not understand the Indonesian language, the
presiding judge appoints an interpreter who swears or promises to
correctly translate everything that must be translated. Juncto Article
57 paragraph (2): A suspect or defendant who is a foreign national
who is subject to detention has the right to contact and speaklanguage
(foreign) with representatives of his country in dealing with
theprocesscase. Juncto Article 56 paragraph (1): In the event that a
Suspect or Defendant is suspected or charged with committing a crime
which is punishable by death penalty or a criminal penalty of 15 years
or more or those who are unable to commit a criminal act, they are
threatened with a death penalty or more who do not have a Advisor The
law itself, the officials concerned at all levels of examination in the
judicial process, are obliged to appoint legal advisors for them.
Paragraph (2): Every Legal Advisor appointed to act as referred to in
paragraph (1), provides assistance free of charge. Juncto Article 143
paragraph (2) letter a and letter b: The indictment does not meet
the formal requirements and material requirements. Juncto Article
143 paragraph (4): Rights of the Suspect or the Defendant / Right
of Advocates The Suspect or Advocate of the Defendant to obtain a
derivative of the suspect’s case file or. Juncto Law of the Republic
of Indonesia Number 11 of 2011, November 2, 2011 Number 104.
Supplement to the State Gazette of the Republic of Indonesia Number
5248) concerning Free Legal Services. Article 1. To(1): Legal Aid is a
legal service provided by Legal Aid Providers free of charge to Legal
Aid Recipients. Juncto Article 12: Legal Aid Recipients have the right
to: a: obtain Legal Aid until the problem is resolved and/or the case has
legal force, as long as the Legal Aid Recipient does not have a power of
attorney; b: obtain Legal Aid in accordance with Legal Aid Standards
and/or Advocate Code of Ethics; and c. obtain information and
documents related to the implementation of the provision of Legal Aid
in accordance with the provisions of the legislation. Juncto Article 13:
Recipients of Mandatory Legal Aid: a: convey evidence, information,
and/or case information correctly to the Legal Aid Provider; b: help
provide Legal Aid offerings. Juncto Article 20: Legal Aid Providers are
prohibited from receiving or requesting payments from Legal Aid
Recipients and/or other parties related to the case being handled by the
Legal Aid Provider. Juncto Article 21: Legal Aid Providers who are
proven to have received or requested payment from Legal Aid
Recipients and/or other parties related to the cases handled as intended
in Article 20, shall be sentenced to a maximum imprisonment of 1 (one)
year or a maximum fine of Rp. 50,000,000, – (fifty million rupiah). And
10. POLRI Headquarters Circular Letter Number: SE/8/VII/2018.
27 July 2018. Appendix. Regarding the Application of Restorative
Justice in the Settlement of Criminal Cases. And 11. Regulation of the
Attorney General-RI Number: 15 of 2020. On July 21, 2020. On
Cessation of Prosecution Based on Restorative Justice. And 12.
Investigators & Public Prosecutors Violating Legal Obligations
Can Be Sentenced under the Narcotics Law. Article 140 paragraph
(2): Police Indonesian Stateinvestigators and BNN investigators who
do not carry out the provisions as referred to in Article 87 paragraph
(1): police Indonesian stateor BNN investigators who confiscate
Narcotics and Narcotics Precursors, or who forget Narcotics and
Narcotics Precursors, or contain Narcotics and Narcotics Precursors
MUST conduct sealing and make a confiscation report (BAP) on the
day the confiscation is carried out, which is a bit- at least contains: a:
name, type, nature, and amount; B: information regarding the place,
time, day, date, month, and year of the confiscation; c: information
regarding the owner or control of Narcotics and Narcotics Precursors;
and d: signature and complete identity of the investigator conducting
the confiscation. Paragraph (2): as referred to in paragraph (1), the
MANDATORY confiscation isat the local KAJARI for a maximum of
3×24 Hours, and a copy thereof shall be confiscated to the local KPN,
MINISTER, and Head of BPOM. subject to the punishment as
referred to in Article 140 paragraph (1): sentenced to a minimum
imprisonment of 1 (one) year and a maximum of 10 years and a
minimum fine of Rp. 100 million, – and a maximum of Rp. 1 billion.
4. Minutes of Examination(BAP) of the Narcotics Investigator of the
Sukabumi District Police, West Java, as well as the Prosecutor’s Indictment.
The First Indictment Article 114 paragraph (1) Juncto Article 132 paragraph
(1). Or the Second Indictment Article 112 paragraph (1) Juncto Article 132
paragraph (1). Or the Third Indictment Article 127 paragraph (1) letter a. Law
of the Republic of Indonesia Number 35 of 2009. On October 12, 2009 (State
Gazette of the Republic of Indonesia of 2009, Number 143. Supplement to the
State Gazette of the Republic of Indonesia Number 5062) concerning Narcotics.
Not under the law: 1. Law-Narcotics. Article 54: Narcotics addicts and victims
of narcotics abuse are obliged to undergo medical and social rehabilitation.
Juncto Article 103 paragraph (1): Judges who examine cases of Narcotics
Addicts may: a: decides to order the person concerned to undergo treatment
and/or treatment through rehabilitation if the Narcotics Addict is proven guilty
of committing a Narcotics crime or b: stipulates to order those undergoing
treatment and/or treatment through rehabilitation if the Narcotics Addict is not
proven guilty of committing a Narcotics crime. Paragraph (2): The period of
undergoing treatment and/or treatment for Narcotics Addicts as referred to in
paragraph (1) letter a is calculated as a period of serving a sentence. And 2.
Circular Letter of the Supreme Court-RI Number: 04 of 2010. Regarding the
Placement of Abuse, Victims of Abuse, and Narcotics Addicts in Medical
Rehabilitation and Social Rehabilitation Institutions. And 3. Joint Regulation of
the Chief Justice of the Supreme Court of the Republic of Indonesia and the
Minister of Law and Human Rights of the Republic of Indonesia and the
Minister of Health of the Republic of Indonesia and the Attorney General of
the Republic of Indonesia and KAPOLRI and the Head of BNN-RI Number:
01/PB/MA/III/2014. Number: 03 of 2014. Number: 11/2014. Number: 03 of
2014. Number: PER-005/A/JA/03/2014. Number: 1 of 2014. Number:
PERBER/01/III/2014/BNN. Office of the Vice President of the Republic of
Indonesia. March 11, 2014. Regarding the Handling of Narcotics Addicts,
Victims of Narcotics Abuse in Rehabilitation Institutions. And 4. Circular
Letter of the Constitutional Court Number 04/BUA.6/HS/SP/IV/2010. April
7, 2010. Regarding Placement of Abuse and Victims of Abuse and Narcotics
Addicts into Medical Rehabilitation and Social Rehabilitation Institutions. And
5. Peraturan Head of the Criminal Investigation Police No. 1 of 2016.
ABOUT SOP Narcotic Addicts and Victims of Narcotics, Narcotics Abuse
IntoInstitute.Rehabilitation And 6. Circular Letter of the State Police of the
Republic of Indonesia Number: SE/8/VII/2018. 27 July 2018. Regarding the
Application of Restorative Justice in the Settlement of Criminal Cases. And 7.
Regulation of the Head of the National Police of the Republic of Indonesia
Number 6 of 2019. October 4, 2019. Regarding Criminal Investigations. The
need for an expert to make light of the crime. And 8. Guidelines for the
Attorney General-RI Number: 11 of 2021. On 19 July 2021. Appendix-I-II,
regarding the Handling of Narcotics Crime Cases and/or Narcotics Precursor
Crimes. And 9. Law of the Republic of Indonesia Number 8 of 1981. On
December 31, 1981 (December 31, 1983) State Gazette of the Republic of
Indonesia of 1981, Number 76. Supplement to the State Gazette of the Republic
of Indonesia Number 3209. Article 53 paragraph (1): During examination at
the level of investigation and the court of the Suspect or Defendant has the right
to receive the assistance of an interpreter as referred to in Article 177
paragraph (1): If the Defendant or witness does not understand the Indonesian
language, the presiding judge appoints an interpreter who swears or promises to
correctly translate everything that must be translated. Juncto Article 57
paragraph (2): A suspect or defendant who is a foreign national who is subject
to detention has the right to contact and speaklanguage (foreign) with
representatives of his country in dealing with theprocesscase. Juncto Article 56
paragraph (1): In the event that a Suspect or Defendant is suspected or charged
with committing a crime which is punishable by death penalty or a criminal
penalty of 15 years or more or those who are unable to commit a criminal act,
they are threatened with a death penalty or more who do not have a Advisor The
law itself, the officials concerned at all levels of examination in the judicial
process, are obliged to appoint legal advisors for them. Paragraph (2): Every
Legal Advisor appointed to act as referred to in paragraph (1), provides assistance
free of charge. Juncto Article 143 paragraph (2) letter a and letter b: The
indictment does not meet the formal requirements and material
requirements. Juncto Article 143 paragraph (4): Rights of the Suspect or the
Defendant / Right of Advocates The Suspect or Advocate of the Defendant
to obtain a derivative of the suspect’s case file or. Juncto Law of the Republic
of Indonesia Number 11 of 2011, November 2, 2011 Number 104. Supplement
to the State Gazette of the Republic of Indonesia Number 5248) concerning Free
Legal Services. Article 1. To(1): Legal Aid is a legal service provided by Legal
Aid Providers free of charge to Legal Aid Recipients. Juncto Article 12: Legal
Aid Recipients have the right to: a: obtain Legal Aid until the problem is resolved
and/or the case has legal force, as long as the Legal Aid Recipient does not have
a power of attorney; b: obtain Legal Aid in accordance with Legal Aid Standards
and/or Advocate Code of Ethics; and c. obtain information and documents
related to the implementation of the provision of Legal Aid in accordance with
the provisions of the legislation. Juncto Article 13: Recipients of Mandatory
Legal Aid: a: convey evidence, information, and/or case information correctly
to the Legal Aid Provider; b: help provide Legal Aid offerings. Juncto Article
20: Legal Aid Providers are prohibited from receiving or requesting payments
from Legal Aid Recipients and/or other parties related to the case being handled
by the Legal Aid Provider. Juncto Article 21: Legal Aid Providers who are
proven to have received or requested payment from Legal Aid Recipients and/or
other parties related to the cases handled as intended in Article 20, shall be
sentenced to a maximum imprisonment of 1 (one) year or a maximum fine of Rp.
50,000,000, – (fifty million rupiah). And 10. POLRI Headquarters Circular
Letter Number: SE/8/VII/2018. 27 July 2018. Appendix. Regarding the
Application of Restorative Justice in the Settlement of Criminal Cases. And 11.
Regulation of the Attorney General-RI Number: 15 of 2020. On July 21, 2020.
On Cessation of Prosecution Based on Restorative Justice. And 12. Investigators
& Public Prosecutors Violating Legal Obligations Can Be Sentenced under
the Narcotics Law. Article 140 paragraph (2): Investigators of thePolice
Indonesian Nationaland BNN investigators who do not implement the provisions
as referred to in Article 87 paragraph (1): Investigators ofpolice the Indonesian
stateor BNN investigators who confiscate Narcotics and Narcotics Precursors,
or those suspected of Narcotics and Narcotics Precursors, or containing
Narcotics and Narcotics Precursors MUST conduct sealing and make a
confiscation report (BAP) on the day of the confiscation, which at least contains:
a: name, type, nature, and amount; B: information regarding the place, hour,
day, date, month, and year of the confiscation; c: information regarding the
owner or control of Narcotics and Narcotics Precursors; and d: signature and
complete identity of the investigator conducting the confiscation. Paragraph
(2): the investigator as referred to in paragraph (1) MUST notify the confiscation
he has made to the local KAJARI no later than 3×24 hours after the confiscation
is carried out and a copy is submitted to the local KPN, MINISTER, and Head
of BPOM. be subject to a sentence as referred to in Article 140 paragraph (1):
sentenced to a minimum imprisonment of 1 (one) year and a maximum of 10
years and a minimum fine of Rp. 100 million, – and a maximum of Rp. 1 billion.
Based on all the descriptions above, we demand that the Prosecutor’s Indictment
be declared: “unacceptable” and/or “null and void” for violating the
provisions of Article 143 of the Indonesian Criminal Procedure Code.
However, if our current demands have not been accepted by the Panel of Judges,
we hereby state that the entire description of this exception will become an
integral part of the process of proving before the court on the evidence and
evidence in this case.
Sincerely,
Advocate / Lawyer / Legal Counsel / Defender of the Defendant:
yoursAccused Alahmadi Omar Abdulaziz Soud(46 years old) Saudi
Arabian citizen
Advocate / Lawyer Dr. Youngky Fernando, SH,MH
Advocate / Lawyer Rano Suhendra, SH

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