The attorney for two inactive members of the Kuala Lumpur Foreign Election Committee (PPLN) said that the indictment of the Public Prosecutor (JPU) of the Attorney General's Office in the case of alleged data falsification and a list of voters for the 2024 General Election in Kuala Lumpur, Malaysia had expired.
This was conveyed by the attorney for the defendants four Aprijon, Emil Salim and the defendant seven Masduki Khamdan Muchamad, Akbar Hidayatullah in the trial reading the objection or exception note at the Central Jakarta District Court, Thursday, March 14.
Emil explained that the investigation of the case began with the findings of the Overseas Election Supervisory Committee (Panwaslu) Kuala Lumpur on January 22, 2024. However, the findings were only forwarded to Police investigators at the Foreign Integrated Law Enforcement Center (Gakkumdu) 28 days later or February 19, 2024.
“ Thus, reports made by the Overseas Panwaslu in Kuala Lumpur, Malaysia to police investigators on Gakkumdu have expired because they exceeded the 14 working day deadline since the findings or reports were registered, ” Emil said as quoted by Antara.
Meanwhile, Akbar argued that the indictment on his client expired because the findings of violations by the Kuala Lumpur Foreign Registrar exceeded the time limit stipulated in Law Number 7 of 2017 concerning Elections and Regulations of the Election Supervisory Body (Perbawaslu) Number 7 of 2022 concerning Handling of Election Violation Findings and Reports.
Akbar said Article 454 Paragraph (5) of the Election Law and Article 5 Paragraph (1) letter b of Perbawaslu Number 7 of 2022 basically stipulated that the results of the supervision were determined as findings of election violations no later than seven days after the alleged violations were found.
The prosecutor, said Akbar, charged his client with having a plenary meeting to determine the Temporary Voter List (DPS) on April 5, 2023, a plenary meeting on the determination of the DPS Results of Repairs (DPSHP) on May 12, 2023, and a Plenary Meeting on the Determination of the Permanent Voter List (DPT) on June 21, 2023; while the case began with the findings of the Kuala Lumpur Foreign Supervisory Committee which was registered on January 18, 2024.
"That until the time of this exception we conveyed, we did not get the file from the public prosecutor regarding the findings and recommendations of the Overseas Panwaslu regarding the violation of the determination of the DPS, DPSHP and DPT,” continued Akbar.
In essence, Aprijon and Masduki's attorneys argued that the indictment was not careful, clear, and complete. On that basis, the attorneys of the two defendants asked the panel of judges to declare that the indictment was canceled by law and to release their clients from all charges.
It is known, the exception was submitted by only two of the total seven inactive members of PPLN Kuala Lumpur who were simultaneously charged in this case.
The seven defendants are PPLN Chairman Kuala Lumpur Umar Faruk, PPLN member Kuala Lumpur Finance Division Tita Octavia Cahya Rahayu, PPLN member Kuala Lumpur Data and Information Division Dicky Saputra, and PPLN Member Kuala Lumpur Division HR Aprijon.
Then, PPLN member Kuala Lumpur, Puji Sumarsono Socialization Division, member of PPLN Kuala Lumpur, Technical Division of the Khalil Election, and member of PPLN Kuala Lumpur, Masduki Khamdan Muhammad Logistics Division.
The prosecutors said the defendants entered incorrect and invalid data because it did not match the results of the matching and research data (coclit) into the Temporary Voter List (DPS), became a DPS Improved Results (DPSHP), and was designated as a Permanent Voter List (DPT).
The defendants are also said to have moved the list of voters for the Voting Place (TPS) method to the Mobile Voice Box (KSK) and Post methods in data conditions and unknown or incomplete voter addresses.
The seven defendants were charged with violating Article 544 or Article 545 of Law Number 7 of 2017 concerning General Election in conjunction with Article 55 paragraph (1) 1 of the Criminal Code.
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