Jakarta –
The prosecutor presented a criminal expert witness from the University of Indonesia (UI), Eva Achjani Zulfa, in the trial of the drug trafficking case with the defendant Inspector General Teddy Minahasa. Eva said that the indictment against Teddy should have been null and void.
This was conveyed by Eva when testifying at the West Jakarta District Court, Monday (6/3/2023). At first, Hotman asked what article was appropriate for the police to suspect if he violated the procedure for storing or dispensing drugs.
“My question is, if a police officer violates the procedure for storing and eliminating drugs, should he be charged with (Article) 114 or (Article) 140 which are also the same crime?” Hotman asked the witness.
“Yes, because specifically this is a propria offense. There are provisions for Polri investigators and PPNS 88, 89, when it comes to administration or storage procedures, we will be subject to the provisions of article 140 as a special law,” answered Eva.
Then, Hotman emphasized his question regarding what article would be charged to Polri investigators who violated the procedure for storing and eliminating narcotics.
“So a police investigator who violates storage procedures, keeps outside the time period, sets aside kilograms outside the provisions, is subject to a criminal sanction of 140?” Hotman asked.
“Right, in the context of the evidence,” replied Eva.
Hearing that, Hotman and members of his legal advisor team smiled a little. Hotman then said that his client’s indictment was wrong.
“Wow, this indictment is wrong, the assembly, how come (Article) 112?” Hotman said.
Hotman then asked for confirmation from the criminal expert regarding the meaning of the indictment from the prosecutor. Eva then answered that the indictment should be null and void.
“So what should an indictment like that be?” Hotman asked.
“Valid for the sake of law,” said Eva.
“Again, ma’am?” asked Hotman.
“Valid for the sake of law,” replied Eva.
In this case, Teddy Minahasa was charged with offering, buying, selling, and intermediary class I narcotics, not plants, of the methamphetamine type, which resulted in confiscated goods weighing more than 5 grams. Teddy and three other people did this.
“Those who do, order to do, and who participate in doing, without rights or against the law, offer to sell, sell, buy, receive, become intermediaries in buying and selling, exchanging or handing over narcotics class I non-plants, weighing more than 5 (five) grams,” said the prosecutor while reading out the indictment at the West Jakarta District Court, Thursday (2/2).
The three people in question are the former Bukittinggi Police Chief AKBP Doddy Prawiranegara, Syamsul Maarif, and Linda Pujiastuti. They were charged in separate files.
“That the defendant together with witness Doddy Prawiranegara, witness Syamsul Maarif bin Syamsul Bahri and witness Linda Pujiastuti alias Anita (each was prosecuted separately by Splitzing),” said the prosecutor.
Teddy was charged under Article 114 paragraph 2 subsider Article 112 paragraph 2 juncto Article 55 of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics.
Watch the Video: Linda’s Surprising Confession about Sleeping with Teddy Minahasa Every Day!
(one by one)