Denny Andrian Kusdayat Against Determination Of Suspects, Criminalization Or Error Procedures?

Boyamin Saiman as Attorney Denny Andrian Kusdayat filed a pre-trial lawsuit against the Sukabumi Police. (IST)

JAKARTA - Allegations of legal criminalization have resurfaced, this time involving Denny Andrian Kusdayat, an advocate and entrepreneur, who was named a suspect by the Sukabumi Police without going through the procedure he should have. This determination was considered invalid by Denny's side, represented by Boyamin Saiman, SH Law Firm.

Denny Andrian Kusdayat felt aggrieved by Police Report Number LP/B/17/I/2023/SPKT/POLRES SUKABUMI/POLDA WEST JAVA, dated January 11, 2023, submitted by Asep Irwan Nugraha. The report accused Denny of being involved in the alleged crime of ordering to place false information into an authentic deed, or using a fake authentic deed, and using fake letters, in accordance with Article 266 and Article 263 of the Criminal Code.

Responding to this accusation, Denny through his lawyer, Boyamin Saiman, submitted an Application for Pretrial Examination at the Cibadak District Court, Sukabumi. The pretrial hearing is scheduled for Friday, July 26, 2024, with the aim of opposing the validity of the suspect's determination.

"We have collected evidence that our colleague (Denny Andrian Kusdayat) in the investigation process carried out by the Sukabumi Police there are legal defects. At the pre-trial hearing, we will submit all the evidence. Our client has never been examined at all related to article 266 of the Criminal Code," Boyamin told reporters at the Phalawan Terrace Café, Kalibata area, South Jakarta, Thursday, July 25.

Boyamin also emphasized that in this case, Denny's detention was considered invalid and there was criminalization of the advocate. He explained, "A suspect must first be examined as a witness in the alleged violation of Article 266 of the Criminal Code related to the alleged authentic forgery. This is very different from the article previously applied, namely Article 263."

Boyamin also discussed the alleged land dispute that became the basis for the report. According to him, the land documents in question have not changed and this can be proven through the National Land Agency (BPN).

"It is impossible for our colleagues who are lawyers to falsify the documents as reported. Because there is absolutely no change in the letters in question. This can be proven in BPN," said Boyamin.

Denny Andrian Kusdayat was detained after undergoing an Investigation Report (BAP) at the Sukabumi Police on Thursday evening, July 18, 2024. This detention is related to the dispute over the ownership of two parcels of land, which should have been proven through a civil court decision first.

Denny's party also stated that refusal to provide information is the right of the suspect as regulated in Article 118 of the Criminal Procedure Code, considering that there are several important points in determining the suspect which they consider invalid.