JAKARTA - Gaga Muhammad filed eight appeals related to the verdict he received on January 19 with a sentence of 4.5 years in prison and a fine of Rp. 10 million. The memorandum of appeal has been submitted to the East Jakarta District Court (PN) on Tuesday, February 8.
Gaga's attorney, Fahmi Bachmid and Gaga's mother, Janariyah, who visited the East Jakarta District Court submitted eight points in the memorandum of appeal and it has been submitted to the Registrar.
Fahmi explained that the memorandum of appeal is 44 pages thick and tries to explain the core part of the 8 points of his appeal. "What is the issue in the 44-page appeal memorandum, I will only provide an illustration, the essence is that there are 8 reasons for filing an appeal," said Fahmi when met by VOI.
Here are 8 points of memory of Gaga Muhammad's appeal: 1. Mistakes Fahmi considered that there was a mistake in concluding that the victim Laura Anna was paralyzed after the December 8, 2019 accident.
"Here, the first reason is that there was an error as if Laura was paralyzed on December 8, when in fact it was not like that," said Fahmi.
2. Laura Anna Paralyzed Not because of Gaga According to Fahmi, Gaga Muhammad was not proven to have caused Laura Anna to be paralyzed.
"Secondly, there was an error in seeing the paralysis as a result of Gaga Muhammad's actions. So Gaga Muhammad was negligent, yes. But causing the paralysis could not be proven in this trial," he continued.
3. There is Evidence That Has Never Been Shown Fahmi considers that there were mistakes and errors in the judge's decision because he considered evidence that was never shown.
"There is evidence that was never validated in court but was used as a basis for considering and deciding that Gaga Muhammad was sentenced to 4 years and 6 months in prison," said Fahmi.
4. Gaga's Sentence Doesn't Match the Facts The verdict handed down by the panel of judges to Gaga Muhammad was 4 years and 6 months in prison and a fine of Rp. 10 million, according to Fahmi, not in accordance with the facts in the trial.
"The fourth reason, related to the existence of a sentence of 4 years and 6 months, is not in accordance with the facts and is far from a sense of truth and justice," concluded Fahmi.
5. Gaga has the right to defend herself in court According to Fahmi, Gaga has the right to defend herself in court. Because there was an error in the verdict, his client defending himself actually got him a heavy sentence.
"Gaga Muhammad was severely punished for defending himself even though the facts presented at trial, while in the Criminal Code it is a person's right to defend himself. If someone defending himself becomes a reason to be severely punished, I think there is no need for a trial process," said Fahmi.
6. Gaga Could Help Laura Fahmi explained that there was an error in the decision, because Gaga was deemed not to have provided material and had no good faith in helping the victim and her family.
"The sixth reason concludes that Gaga never gave any help even though there was one year Gaga spent taking care of the victim," explained Fahmi.
7. There was a misunderstanding According to Fahmi, there was a misunderstanding in the decision because Gaga was judged as if she had done it on purpose.
"The accident is negligence while intentional is mixed up in this understanding. So it is as if what Gaga did was a deliberate crime. Don't mix it up in this matter so it seems as if what Gaga Muhammad did was a crime that made it intentional someone," said Fahmi.
8. Judge Made Wrong Decision In the judge's decision, Gaga was judged to have intentionally caused an accident. According to Fahmi, no one wants an accident to happen.
"Can't understand the understanding of disaster, that an accident is a disaster, no human being wants to have an accident," he concluded.
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