DENPASAR - Head of the Regional Office of the National Land Agency for Bali Province I Made Daging filed a pre-trial lawsuit against the Bali Regional Police for naming him as a suspect in the alleged violation of the State Archives Law.
Public Relations of the Denpasar District Court, Wayan Suarta in Denpasar, confirmed on Thursday that the pretrial application on behalf of I Made Daging had been submitted to the Denpasar District Court. The trial will be held on Friday (23/1).
The head of the Denpasar District Court has also appointed a single judge to handle the case.
"Single Judge I Ketut Somanasa," said Suarta, Thursday, January 22.
Separately, the lawyer for Made Daging from the Berdikari Law Office headed by Gede Pasek Suardika stated that the application for pretrial was aimed at testing the letter of determination of the suspect numbered S.tap/60/XII/Res.1.24/2025/Ditreskrimsus/Polda Bali dated December 10, 2025.
"What we tested in the pre-trial was the letter of determination of the suspect. This letter that we tested has not entered the main case. We consider the first formal defect. Second, substantive defects," said Pasek Suardika.
He explained that the formal defect in question was that the letter contained an absurd delicti emptus and was used as the basis for determining the suspect, namely the alleged criminal act imposed referring to Article 421 of the old Criminal Code as well as Article 83 of Law Number 43 of 2009 concerning Archives.
Pasek Suardika explained that one of the fundamental problems was the use of an article that was considered to be no longer valid and had expired, namely Article 421 of the Criminal Code.
"In addition, administrative defects by mentioning the implementation of the title of the case in 2022," he said.
In addition to Article 421 of the old Criminal Code, for I Made Daging, the Bali Police investigators also applied Article 83 of Law Number 43 of 2009 concerning Archives.
Pasek assessed that the imposition of this archival article also did not have a strong legal basis. Article 83 of the Archival Law provides for a maximum sentence of one year in prison.
Based on the provisions of Article 136 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code, criminal offenses with a one-year prison sentence are dropped if they have exceeded three years.
Considering that I Made Daging last served as the Head of the Badung Regency Land Office on January 24, 2022, said Pasek Suardika, the imposition of the archival article was considered to have expired and was abolished by law.
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