North Jakarta Court Hears Defence Plea in Alleged Forgery of Authentic Deed Case
The North Jakarta District Court resumed hearings in the alleged forgery of an authentic deed case against defendant Tony Surjana on Tuesday (10/6). The agenda for this session was the reading of the defence plea from the defendant's side.
In the plea read by Tony Surjana's legal team, the main focus was directed at irregularities in a survey assignment letter from the National Land Agency (BPN) of North Jakarta, which was dated 4 January 2004—a Sunday, which is a national holiday.
"The actual survey was conducted on 24 February 2004, which was a working day. It is therefore entirely implausible that the assignment letter was prepared and signed on a Sunday," said Brian Praneda, the defendant's legal counsel, before the panel of judges chaired by Aloysius Bayuaji.
Brian argued that his client had been criminalised. He stressed that the survey process was carried out in accordance with standard operating procedures (SOP) and without any criminal intent on the part of Tony Surjana as the certificate applicant.
"If the defendant was unaware of the error in the survey letter, then his actions cannot be classified as a criminal offence. The element of mens rea has not been proven," Brian asserted.
The defence team requested that the panel of judges acquit Tony of all charges, as the elements of Article 266 of the Criminal Code as charged by the public prosecutor had not been fulfilled.
In response to the plea, public prosecutor Rico Sudibyo stated that he would provide a written reply at the next hearing.
It is understood that the public prosecutor had previously demanded a two-year prison sentence for Tony Surjana for allegedly using a survey letter containing false information as the basis for issuing a land title certificate.
The next hearing is scheduled to be held in the near future, with the agenda being the prosecutor's rebuttal.
In the plea read by Tony Surjana's legal team, the main focus was directed at irregularities in a survey assignment letter from the National Land Agency (BPN) of North Jakarta, which was dated 4 January 2004—a Sunday, which is a national holiday.
"The actual survey was conducted on 24 February 2004, which was a working day. It is therefore entirely implausible that the assignment letter was prepared and signed on a Sunday," said Brian Praneda, the defendant's legal counsel, before the panel of judges chaired by Aloysius Bayuaji.
Brian argued that his client had been criminalised. He stressed that the survey process was carried out in accordance with standard operating procedures (SOP) and without any criminal intent on the part of Tony Surjana as the certificate applicant.
"If the defendant was unaware of the error in the survey letter, then his actions cannot be classified as a criminal offence. The element of mens rea has not been proven," Brian asserted.
The defence team requested that the panel of judges acquit Tony of all charges, as the elements of Article 266 of the Criminal Code as charged by the public prosecutor had not been fulfilled.
In response to the plea, public prosecutor Rico Sudibyo stated that he would provide a written reply at the next hearing.
It is understood that the public prosecutor had previously demanded a two-year prison sentence for Tony Surjana for allegedly using a survey letter containing false information as the basis for issuing a land title certificate.
The next hearing is scheduled to be held in the near future, with the agenda being the prosecutor's rebuttal.