Heir's Defence in East Jakarta Land Dispute: They Want to Silence Me

Jakarta resident Armando Herdian submitted a defence plea in proceedings for alleged fraud related to the release of land rights at East Jakarta District Court.

Armando revealed during the hearing that he is not guilty and instead his family has become victims of parties seeking to control money obtained from releasing rights to land in Kampung Dukuh, East Jakarta to the Jakarta Provincial Government Administration.

Meanwhile, parties determined by Tangerang District Court to be perpetrators of unlawful conduct have instead carried out intimidation and criminalisation against the defendant and his family.

“I am not guilty of fraud, because the land with Property Rights Certificate No. 53 has legitimately become the property of myself, my mother, both my siblings and my aunt,” said Armando when presenting his defence before the panel of judges on Thursday (12 March).

Armando stated that those claiming to be investors had already received more than Rp130 billion from the total release of rights valued at Rp259 billion.

“Because I refused to provide a further Rp25 billion, they want to silence me by criminalising me because we refused to hand over more family inheritance money without basis. Even if we gave that portion, why would we as rights holders receive only Rp17 billion?” said Armando.

The hearing was a stage for presentation of the defence from the defendant personally and from his legal advisers, following the public prosecutor’s demand for a sentence of three years and six months imprisonment.

The defence plea was also read by Armando Herdian’s legal team, part of the Legal Aid Institute of the Faculty of Law, University of Indonesia.

In remarks to journalists after the hearing, legal adviser Puspa Pasaribu from the LKBH FHUI explained that the defence presented was based on all facts and evidence that emerged throughout the trial process.

Puspa stated that the defence presented to the judge explained that the criminal elements charged against the defendant are unproven when linked to the evidence presented during the trial.

“What we want to highlight is that the elements are unproven. So if we look back at all the evidence presented in the trial, whether from witness testimony, expert testimony, linked with documentary evidence, even physical evidence presented by the public prosecutor, it is clear that our client is accused of committing fraud solely based on a statement dated 6 January 2021,” said Puspa.

The legal team also assessed that the public prosecutor’s demand against the defendant lacks foundation and is too high compared with the facts revealed during the trial.

Through this defence, the legal team hopes that the bench of judges will consider all trial facts objectively before handing down a verdict.

“Our hope is that the panel of judges examining and deciding this case will review all the facts of the trial and, acting on conscience, either acquit our client or dismiss the charges for lack of evidence,” said Puspa.

Armando is an heir reported by outside parties regarding alleged embezzlement of money from the sale of his family’s inherited land, the Tanudibroto estate. Armando’s current status is as a defendant.

The case originated from a report against Armando, accused of embezzling money from the sale of his family’s inherited land, the Tanudibroto estate, by someone named Abdurrohim. This outsider to the Tanudibroto family reported Armando to police three years ago, specifically on 30 May 2022.

Puspa highlighted irregularities in the charges brought against her client.

She urged the panel of judges and the public prosecutor to see clearly that the article charging Armando lacks its constituent elements.

According to her, if forced to be considered a criminal matter, what ensnares Armando is purely a civil dispute and not a criminal offence.

She explained that a civil ruling at first instance level has been upheld by appellate and cassation decisions that have gained final legal force.

“The essence of that ruling actually stated that the parties claiming to be wronged by the defendant—consisting of a notary public who drew up the deed of release of rights, an unknown party claiming to be an investor, and a retired police officer holding power of attorney—have been proven to have committed unlawful conduct,” said Puspa.

Armando Herdian’s family has sought assistance from the President and Commission III of the House of Representatives regarding the land dispute case ensnaring Armando at East Jakarta District Court.

Armando’s family felt criminalised and faced powerful interests in the case.

“We beseech you, Mr President, and representatives of the people in Commission III of the House of Representatives, Mr Habiburokhman, please help us. We are merely ordinary citizens. To the Indonesian people, please monitor this case so that justice is truly upheld,” said Armando’s brother, Anthony, in a written statement on Wednesday (25 February).