Prosecutors Demand Defendants Alleged False Deeds In Medan Onslag, Legal Advisors For Victims Judges Judges Ignore Trial Facts

PHOTO: Satria H-VOI

MEDAN - The Public Prosecutor (JPU) has charged the defendant in the alleged fraudulent deed case, David Putra Negoro alias Lim Kwek Liong (64) Onslag (departure from the lawsuit) during a trial at the Medan District Court (PN).

Regarding the decision, victim Jong Nam Liong was disappointed with the decisions of the Public Prosecutor Chandra Naibaho and Riachad Sihombing.

Jong Nam Liong's legal adviser, Longser Sihombing said that Onslag's lawsuit was the first time this had occurred in North Sumatra (North Sumatra).

He said that his client strongly objected to the demands of the defendant David Putra Negoro alias Lim Kwek Liong, which Onslag was suing.

Longser said that the prosecution filed by the Public Prosecutor had ignored the facts of the investigation, examined the P16 file, and ignored the most important facts at trial.

"The facts of the trial that are recognized by law in this country are Article 184 of the Criminal Procedure Code. 5 valid evidences, 1 valid evidence is witness testimony," Longser told reporters in Medan, Friday, December 31.

According to him, according to the alleged fake deed that was reported, the witnesses explained that they had never been to the Notary Fujiyanto's office and had also never been present at the house of the late Yong Tjin Boen.

"That is, in order to act as a appearer to sign and put fingerprints on the Minut Deed Number 8 dated July 21, 2008 made by Notary Fujiyanto Ngariawan which in the deed was witnessed by notary employees named Rismawati and Yeti," he said.

Longser said that since July 13, 2008, witnesses Jong Nam Liong, Jong Gwek Jan, Mimiyanti Jong have been in Singapore to be precise at Mount Elizabeth Singapore Hospital in order to treat the late Yong Tjin Boen who was sick.

These things are corroborated by objective facts, namely Passport in the name of Jong Tjin Boen, Passport of Brother Jong Nam Liong, Passport of Sister Jong Gwek Jan and Passport of Mimiyanti.

"This has all been shown during the trial. How could the Public Prosecutor Chandra Naibaho and Riachad Sihombing charge the defendant with Onslag," he said.

Longser said, with expert testimony presented by the Public Prosecutor, Chandra Naibaho, who stated that this case clearly contained elements of a criminal act.

"DR Henry Sinaga as the Notary Expert who was presented at the trial explaining that the deed must be made at the Notary's office, Minut Deed brought to the appearer is a violation, the notary not giving a copy to the appearer is a violation," he said.

"Notaries violate the Law on Notary Positions (UUJN), the process of making Minut Deed Number 8 dated July 21, 2008 does not comply with UUJN because the signing is not jointly, a copy of the deed must be given to the appearer, a Notary who does not provide a copy of the deed is a violation," he continued.

In addition, Prof. Ediwarman, a criminal expert explained about the falsification of the subjective element of anyone with intent/deliberately having a will and what the consequences are, the objective element is to make a fake letter, can issue rights and or agreement letters, use and use, order other people to use, can bring loss.

"So according to this theory the perpetrator is sentenced to commit a criminal event. False information in a deed is prohibited. In article 1872 of the Civil Code there is a crime if there is forgery or a false situation, used or not used, it is regulated in article 266 of the Criminal Code, an authentic deed is made by an authorized official," he said. .

He said the same thing was also conveyed by Alfi Sahari by explaining that someone who can be held accountable is a mistake, an act against the law, the ability to take responsibility, excuses for forgiveness and justification.

"So, how is it possible that Public Prosecutor Chandra Naibaho and Richad Sihombing can sue the defendant by stating that the defendant's actions have no crime," he said.

It is known that David Putra Negoro alias Lim Kwek Liong (64), a defendant in the alleged fraudulent deed case, was prosecuted by Public Prosecutor Onslag Chandra Naibaho and Riachad Sihombing in the Cakra 6 room of the Medan District Court, last Tuesday, December 28.

In their memorandum of charge, Public Prosecutor Chandra Naibaho and Kasi Pidum Kejari Medan, Riachad Sihombing stated that the defendant's actions were proven guilty as stated in the indictment, but the act was not a criminal act, but a civil act.