JAKARTA - Executive Director of Lokataru Foundation Delpedro Marhaen was forcibly picked up by Polda Metro Jaya officers at the Lokataru Foundation office, Jalan Kunci, Kayu Putih Village, Pulo Gadung District, East Jakarta Monday, September 1 night.
The founder of the Lokataru Foundation, Haris Azhar, explained that Delpredo's forced pick-up took place at 22.45 WIB. About 7 to 8 police came to Lokataru's office and claimed to have prepared a number of administrative documents including an arrest warrant.
"However, Delpedro Marhaen asked about the legality of the document and the alleged articles, showing any unclear or lack of initial information regarding the applicable legal procedures," Haris said in his statement, Tuesday, August 2.
At that time, Delpedro Marhaen asked to be accompanied by a lawyer because the alleged articles were not fully understood. This is needed as a form of self-defense effort and protection against the dignity of humanity.
However, the police stated that the letter of assignment brought had instructed them to carry out arrests and search of bodies and goods.
There was a debate regarding the administration of the arrests and the alleged articles. The police then advised Delpedro Marhaen to change clothes, with an explanation promise regarding the arrest warrant and the articles alleged to be given at the Polda Metro Jaya office, and will be accompanied by a lawyer from the b deppeldro Marhaen.
"When Delpedro Marhaen changed clothes in his office, he was followed by about three ribs of police officers with intonations that led to intimidation," said Haris.
"Even before determining the status of suspects and explaining articles, constitutional rights and human rights, Delpedro Marhaen was restricted, including a ban on using telephones to contact any party and direct orders to the Polda Metro Jaya office," he added.
According to Haris, it is clear that there have been acts of intimidation, restrictions on constitutional rights, and neglect of human rights principles, including a ban on communication with legal counsel and the absence of an opportunity to provide information to the family on Delpedro.
Not only that, the Polda Metro Jaya called Haris also conducted a search of the Lokataru Foundation office without a search warrant as regulated in the applicable legal provisions.
"Officers entered the 2nd floor of the office disrespectfully and conducted searches, and damaged/deactivated office CCTV, which has the potential to eliminate evidence and cause legal harm," he said.
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From this forced pick-up, the police used a number of allegations of articles against Delpedro. Among them:
1. KUHP Article 160: Whoever is in public orally or in writing incites to commit a criminal act, commits violence against the general authorities or does not comply with either the provisions of the law or the office orders given based on the provisions of the law, shall be punished with a maximum imprisonment of six years or a maximum fine of four thousand five hundred rupiahs .
2. Child Protection Law Article 76H: Everyone is prohibited from recruiting or recruiting children for military and/or other purposes and allowing children without life protection.
Article 15 Of The Child Protection Law: Every Child Has the right
obtain protection from:
a. abuse in political activities;
b. involvement in armed disputes;
c. involvement in social unrest;
d. involvement in events containing elements of violence;
e. involvement in war; and
f. sexual crimes.
Child Protection Law Article 87: Anyone who violates the provisions as referred to in Article 76H shall be sentenced to a maximum imprisonment of 5 years and/or a maximum fine of Rp. 100 million.
3. ITE Law Article 45A Paragraph 3: Every person who deliberately spreads electronic information and/or electronic documents that he knows contain false notifications that cause riots in the community as referred to in Article 28 paragraph (3) shall be punished with imprisonment for a maximum of 6 years and/or a maximum fine of IDR 1 billion.
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