PAPUA - Lawyer for the inactive Papua Governor Lukas Enembe, Petrus Bala Pattyona, asked the panel of judges to reject all exceptions from the Corruption Eradication Commission (KPK) which stated that the pretrial application for Lukas Enembe was premature and unclear or vague.
"Rejected the exception of the respondent (KPK) in its entirety," said Petrus on the replic agenda of the follow-up trial of the pretrial lawsuit of Lukas Enembe at the South Jakarta District Court, Antara, Wednesday, April 26.
Petrus stated that the pretrial application of Lukas Enembe had been accompanied by sufficient evidence based on the legal basis and statutory regulations.
Therefore, he asked the pretrial judge to examine, try, and decide on this pretrial application by rejecting the KPK's exception.
In the petitum read by Petitum, it was stated that the Investigation Order Number Sprin.Dik/81/DIK.00/01/09/2022 dated September 5, 2022, which named Lukas Enembe as a suspect was invalid and not based on law.
"And therefore the a quo investigation does not have binding force," said Petrus.
Petrus also stated that the detention warrant, warrant for the extension of detention, and warrant for the extension of detention from the Chairman of the Central Jakarta District Court against Lukas Enembe were invalid and baseless on law.
The letter referred to by Petrus is Detention Letter Number: Sprin.Han/13/DIK.01.03/01/01/2023 dated January 12, 2023 and Detention Extension Order Number: Sprin.Han/13B.2023/DIK.01.03/01/01/01/2023 dated January 20, 2023.
Then, the Detention Extension Order from the Chairman of the Central Jakarta District Court Number: 76/Tah.Pid.Sus/TPK/III/PN.Jkt.Pst dated March 2, 2023.
"Declaring that all decisions or determinations issued further by the respondent (KPK) are invalid with regard to the determination of the suspect, detention, continued detention, and investigation of the applicant (Lukas Enembe) by the respondent," he said.
In addition, lawyer Lukas Enembe also again asked the KPK to issue a detention order by placing his client in a house or hospital and/or city detention with all the legal consequences.
"Stipulate and order the applicant to be removed from detention. Restore the applicant's right to his ability, position, and dignity," said Petrus.
Previously, the KPK in the pretrial hearing for the lawsuit of Lukas Enembe at the South Jakarta District Court on Tuesday (18/4), expressed its exception that the request for the inactive Papua Governor's pretrial was premature and unclear or vague (obscuur libel).
The KPK, represented by the Head of the Litigation and Protection Section of the Witness, Coordinator of the KPK Legal Bureau Team Iskandar Marwanto, asked the judge to reject all pretrial applications submitted by Lukas Enembe's attorney.
"Rejecting the Pretrial application submitted by the Petitioner (Lukas Enembe) as registered in the case register Number 29/Pid.Pra/2023/PN Jkt.Sel. or at least state that the judicial application cannot be accepted," said Iskandar.
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22 November 2024, 05:00
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