JAKARTA - The legal team of musicians Fariz RM has submitted a duplicate or final response to the replica of the Public Prosecutor (JPU) at the South Jakarta District Court.
In his defense, Charles S. Sihotang as the attorney strongly criticized the prosecutor's approach which was considered only formal juridical and tended to be prejudiced.
Charles highlighted the fundamental differences of opinion in seeing this case. According to him, the Public Prosecutor is only trying to ensnare the defendant with an image and precedent that whoever is brought to trial is definitely guilty.
"In the a quo case, there are differences of opinion, the Public Prosecutor only looks at the formal juridical by trying to ensnare the defendant, (with the capital) image or precedent that everything submitted in the trial is definitely guilty," said Charles S. Sihotang at the South Jakarta District Court, Thursday, August 21.
Furthermore, he stated that the Public Prosecutor did not present a new substantial argument in his replica. Therefore, the legal advisor decided not to respond in full to what they considered a retorical argument and did not support the proof.
"We can draw the conclusion that there is no new argument presented by the public prosecutor. That we from the legal advisory team will not re-response as a whole, which in our opinion only conveys a retorical argument that is not supportive," said Charles.
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Based on this, the legal team came to the final conclusion that all charges and demands from the prosecutor were not proven. They also expressly expressed objections and rejected all of them.
"The conclusion is that we hope that the panel of judges agrees with us that all the charges and demands of the jpu are not proven a quo. We object and reject all charges, the aquo lawsuit," Charles said.
In the end, they have high hopes for the panel of judges to be able to decide this case fairly, based on the facts revealed at the trial and the defense they have presented.
"We ask that the panel of judges can decide this case by considering the facts and the defense we convey," he said.
On the other hand, Fariz RM's attorney, Deolipa Yumara hopes that his client can get the opportunity to return to rehabilitation.
"Our hope is that as a lawyer, he must undergo rehabilitation considering that he is not a narcotics dealer, but he is someone who is addicted to narcotics. Users who must or users must be cured, not punished," said Deolipa Yumara.
Previously, the Public Prosecutor (JPU) charged the defendant Fariz RM with 6 years in prison. Fariz was found guilty of charges of drug abuse and possession.
In his demands, the Prosecutor also demanded Fariz to pay a fine of Rp. 800 million, subsidiary to 3 months in prison. In addition, the prosecutor through his replica also stated that he refused the plea or Fariz RM's defense note.
The prosecutor believes that Fariz has violated Article 112 paragraph 1 of the Criminal Code, in accordance with the second indictment indicted by the prosecutor before.
Fariz was charged with violating Article 114 paragraph (1) or Article 112 paragraph (1) and Article 111 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics in conjunction with Article 55 paragraph (1) of the 1st Criminal Code.
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