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(en) palangh itam anarkis: Results of the Trial of Anarchist Prisoners in Tangerang

Date Sat, 17 Oct 2020 11:12:54 +0300

The Tangerang Vandalism Case: The Court Decides Guilt Despite Torture and Inaccurate Application of Articles ---- Monday, September 28, 2020, the Tangerang District Court (PN) Panel of Judges read out the verdict of the trial of alleged vandalism. The Panel of Judges sentenced Muhammad Riski Riyanto Bin Abdul Syukur and Rio Imanuel Adolof Pattinama Ad Petrus Adolof Pattinama to prison for 10 (ten) months in case No: 1136 / Pid.Sus / 2020 / PN Tng because they were considered legally and convincingly by the panel of judges broadcast false news or notifications, deliberately publishing disturbances among the people as regulated in Article 14 Paragraph (1) of Law Number 1 Year 1946 concerning Criminal Law Regulations.

Meanwhile, Rizki Julianda Als RJ Als Zonee, who was tried separately in case No: 1135 / Pid.Sus / 2020 / PN Tng, was sentenced to imprisonment for 8 (eight) months because he was deemed proven legally and convincingly committed in public orally. or writing inciting into committing a criminal act, committing violence against a public authority or not obeying either the provisions of the law or a position order given based on the provisions of the law as regulated in Article 160 of the Criminal Code (KUHP).

Previously, April 9, 2020, Rio Imanuel Adolof Pattinama Ad Petrus Adolof Pattinama (23) and Muhammad Riski Riyanto Bin Abdul Syukur (21) were arrested by the police for doodling using piloks at several points around Anyer Market, Tangerang, as a form of protest against the state because of policies that did not side with the people during the Covid-19 pandemic. Meanwhile, Rizki Julianda Als RJ Als Zonee (19), was arrested in Bekasi because he was considered an anarcho-syndicalist group that would make trouble.

This decision was considered by the three attorneys to be a heretical decision. The attorney said that the judge issued a verdict without fully considering the facts of torture and the legal facts revealed in the trial.

"The judge ignored the fact that there had been torture to the accused, violations of procedural law and the violation of rights of the accused so that a series of investigations, prosecutions until the investigation at the trial should be considered flawed because it uses the evidence obtained from torture (fruit of poisionuss tree)", said Shaleh Al Gifari, one of the defendants' attorneys.

In addition, the attorney also considered that the judge did not analyze the elements of crime by using legal theory and doctrine and tended to interpret the article broadly.

"The criminal verdict against Muhammad Riski Riyanto and Rio Imanuel Adolof Pattinama is clearly inappropriate for the judge to use Article 14 Paragraph (1) of Law Number 1 Year 1946 because based on the facts revealed in court, they should only be subject to administrative sanctions in the form of an oral / written warning by The local government is considered to have violated public order as regulated in Article 7 of the Tangerang City Regional Regulation Number 6 of 2011 concerning Public Order. In addition, the writings or messages conveyed by both of them are valid criticism and are part of the response of citizens to the country's failure to protect all the blood of the Indonesian people in this pandemic condition, so it cannot be said to be fake news, Add Gifar.

Meanwhile, in the case of Rizki Julianda, the judge should have acquitted him because all the alleged charges were clearly not proven in the trial.

"The judge decided to use Article 160 of the Criminal Code against Rizki Julianda. This article is a material offense as decided by the Constitutional Court through the Decision of the Constitutional Court Number 7 / PUU-VII / 2009 dated 22 July 2009 and explained by the expert presented by the defendant's legal counsel at the trial. Material offense means that the perpetrator can only be convicted if the prohibited consequences arise. However, the judge interpreted that the defendant's act of creating a telegram group eventually resulted in a doodling incident in Tangerang. This is clearly a very broad interpretation and is not based on the facts of the trial, where the scribbles were spontaneous actions by the defendants Muhammad Riski Riyanto and Rio Imanuel Adolof Pattinama for their anxiety over the handling of the corona pandemic by the Government. " Said Gifar.

Kuasa Hukum juga mengkritik putusan hakim terhadap barang bukti yang disita dan diputuskan dirampas untuk dimusnahkan, yaitu 1 (satu) unit monitor 15,6 inch, 1 (satu) buah keyboard, 1 (satu) buah mouse, 1 (satu) unit printer, 1 (satu) unit CPU, 3 (tiga) unit Handphone serta beberapa buku dan novel yang seharusnya dikembalikan kepada pemiliknya karena tidak terkait langsung dengan tindak pidana yang dianggap dilakukan oleh para terdakwa. Pemusnahan buku dan novel juga presden buruk untuk tradisi kebebasan berfikir dan berekspresi ke depannya.

This entry was posted in Kabar, Solidaritas and tagged anarkis, kabar, sidang, tahanan, Tangerang. Bookmark the permalink. Both comments and trackbacks are currently closed.

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