PT NSP Malang TIP Case, Defendant's Attorney Questions Prosecutor's Indictment

Illustration of the trial. (Between)

The criminal case of trafficking in persons (TPPO) committed by two employees of PT Nusa Sinar Perkasa (NSP) continues to trial.

On Wednesday, April 30, two defendants, namely HNR alias Hermin and DPP alias Dian, were charged with seven charges.

In a trial chaired by the panel of judges Kun Tri Haryanto, the Public Prosecutor (JPU) of the Malang City District Attorney (Kejari) Moh Heriyanto read out the charges to the two defendants.

In his indictment, the Public Prosecutor conveyed seven alternative articles, including Articles 2, 4, and 10 of Law 21/2007 on TIP.

Then there are Article 81, 83, 85 letters C and D of Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PMI).

All of these articles are subject to in conjunction with Article 55 paragraph (1) of the Criminal Code. With the threat of punishment, above nine years in prison.

Responding to the indictment, the defendant's attorney M. Zainul Arifin, said the defendant worked as a staff member at the PT NSP branch office representative as the branch head and marketing.

"So that all activities carried out by the defendant are always reported and known by the head office of PT NSP," said Zainul in a written statement, Friday, May 2.

He explained, based on Article 53 paragraph 2 of Law 18/2017 concerning PMI protection, all branch activities are the responsibility of the head office, in this case PT NSP.

Zainul said that the PT NSP branch activities were legal, legal activities and had been known by the East Java Provincial Manpower and Transmigration Office based on the Decree of the Head of the Office No. 500.15/KPTS/DU/108.3/2024 dated February 5, 2024, regarding the Re-Registration of the Operational Permit of the PMI implementing branch Office of PT NSP.

"Which makes it very clear that the operational permit for the PT NSP branch office will take effect from July 1, 2024 to July 1, 2025. Based on the issued decree, all branch activities are legal and legal," claims Zainul.

He emphasized that everyone who wants to work abroad must fulfill the stages that are passed based on the law. PT NSP branch activities themselves, said Zainul, in the form of training instead of recruiting CPMI.

Furthermore, Zainul said training is something that can be given by everyone, and everyone has the right to receive training, shelters in training.

"Regarding allegations that the torture and mistreatment of CPMI was not true, even CPMI was given lodging and free meals while living in the branch without any coercion to stay temporarily at the representative branch office, while waiting for the departure process for placement to the placement country," said Zainul.

He said the TIP allegations addressed to his client were clearly baseless as seen from the prosecutor's indictment which explained that the process of placing CPMI had been carried out through stages according to regulations.

"So that the prosecutor's indictment is weakly charged with Article TIP," he said.

"Then where is the alleged TIP being accused of our client?" continued Zainul.

The multi-layered articles charges submitted by the Public Prosecutor against the two defendants HNR and DPP in the alleged TIP case of PT NSP were read out in the inaugural trial held at the Garuda Room of the Malang District Court (PN), East Java, Wednesday, April 30. The two defendants were charged with seven charges.

"There are seven alternatives, namely first Article 2 paragraph (1) of Law Number 21 of 2007 concerning TIP in conjunction with Article 55 of the 1st Criminal Code, second Article 4, third Article 10 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code concerning TIP," said Malang City Prosecutor Moh Heriyanto during the trial, confiscated by Antara.

In addition, also Articles 81 and 83 of Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers jo. Article 55 paragraph (1) 1st of the Criminal Code.

Two other articles, namely Article 85 letter c jo. Article 71 letter c and Article 85 letter d jo. Article 71 letter d of Law Number 18 of 2017 concerning Protection of PMI jo. Article 55 paragraph (1) of the 1st Criminal Code.

The reading of this indictment is the agenda of the first trial in the case so that it has not yet reached the main proof of the case.