Maluku Prosecutor's Office Appeals Sentenced To 1.5 Years In Prison Defendant Of Ownership Of Cannabis 0.57 Grams

Illustration - Ambon High Court Office, Maluku. BETWEEN/Daniel

MALUKU - The Maluku High Prosecutor's Office (Kejati) has filed an appeal against the 1.5-year prison sentence of Jeferson Wiliam Alfons, a defendant in marijuana-type drugs. The Vobis was handed down by the Ambon District Court

"The appeal statement has been submitted on the decision because the verdict is different from the prosecutor's demands for six years in prison and a fine of Rp. 800 million, subsidiary to four months in prison," said Maluku Attorney General's Office, Junet Pattiasina in Ambon, Tuesday, July 16, as reported by Antara.

The defendant was charged with an alternative indictment that explained that the person concerned was threatened with a crime based on Article 114 paragraph (1) and the second Article 112 paragraph (1) of Law Number 35 of 2009 concerning narcotics.

"For this reason, the prosecutor has appealed the decision of the panel of judges," he said.

Responding to this, the defendant's attorney, Jeferson, Dino Huliselan, said that his client was sentenced to 1.5 years in prison based on the facts of the trial.

"The defendant's actions can be categorized as narcotics abuse for himself even though the prosecutor has not charged Article 127 paragraph (1) of the Narcotics Law as stated in the Circular Letter of the Supreme Court (SEMA) of the Republic of Indonesia Number 3 of 2015 in the Law formulation of the Criminal Office," he said.

The SEMA stated that the judge examined and decided that the case was based on the prosecutor's indictment in accordance with Article 182 paragraph (3) and paragraph 4 of the Criminal Procedure Code.

In the event that it is proven as a user (Article 127 of Law Number 35 of 2009) of the Narcotics Law, while which article is not charged, the judge decides the case according to the indictments articles 112 and 114 of the Narcotics Law but can deviate from the minimum criminal provisions, especially with sufficient consideration.

Then according to SEMA Number 4 of 2010, it was known that the maximum daily dose of marijuana users was 5 grams, while the facts of the trial proved that the marijuana controlled by the defendant was 0.57 grams.

"This amount is relatively small so it is unfair and fulfills the defendant's sense of justice and is demanded by the prosecutor for six years in prison and a fine of Rp. 800 million, subsidiary to four months in prison," he said.

The defendant Jeferson was arrested by members of the Maluku Regional Police's Narcotics Directorate on March 7, 2024 at around 22.30 WIT on Jalan Dr Kayadoe Batutupan, Nusaniwe District, Ambon City, along with evidence in the form of a package of marijuana.

The defendant Jeferson Wiliam Alfons was arrested while consuming marijuana after being visited by his colleague, who is now a DPO, Saule.

Saule gave the defendant Rp100 thousand to buy a package of marijuana from Aton on March 7, 2024. The existence of Aton with the status of a DPO is still being hunted by the police.