Eight staffs of Legal Aid Foundation (LBH) are attending the Session on Reading the Verdict
The Regional Court of Langsa continues the session of eight staffs of LBH Banda Aceh on 9 January 2008 in Langsa with agenda, reading the verdict statement. The court is on the activities of broadcasting, showing and placing article that contains provocation before the public in writing or non-writing as stipulated in article 160 jo 161 jo 55 jo 56 of Penal Code.
Prior to this, on 12 December 2007, the court was held with agenda, reading defending statement by the lawyers of LBH Banda Aceh to all charges made by the Public Prosecuter of the Langsa Office of the Attorney General. One week later, on 19 December 2007, the court continued with the Public Prosecuter responded to the statements made by LBH’s lawyers.
To the charges made by the Public Prosecuter, LBH’s lawyers and eights staffs of LBH Banda Aceh as defendants read a defending statement. Basically, they are in view that the charges are not clear (Obcuur Libel) since it has no details description, clear and complete on the criminal activities charged. In addition, the charges have also some contradictions with the legal spirit and efforts in upholding human rights, justice, peace and democracy that are currently the main objective of the nation.
The defending statement also said that provocatiing issue as mentioned in article 160 Penal Code is an invitation to encourage, ask, raise the spirit to commit criminal activities or fight against the authorities with violence, and provoke not to obey the law or not to follow legal order as mentioned in the law. None of these are there in the charges. On the contrary, the charges contain invitation form the defendants to anyone who read the materials distributed to fight for the right of the people by using legal procedure and the commitment of maintaining peace. What defendants are doing is upholding the law by raising the case of land acquisition by PT Bumi Flora in 1991. The case is involving violence and people tend to forget as conflicts in Aceh are still taking place.
Based on that, the speaker of the Alliance of Victims of Bumi Flora (APKBF), Asiah Uzia, asks the Panel Judges to look at the case objectively when as they will read the verdict statement on 9 December. This is because defendants in the case are raising spirit to solve the problem of the people in order to keep peace in Aceh.
Prior to that, PT. Bumi Flora has shown its goodwill by withdrawing its report to Langsa Police therefore article 335 (Activities that leads to unpleasant result) which is basis for the case is no longer exist. However, Langsa Police is still bringing the case with regard to activities mentioned in article 160 and 161
The eights staffs of LBH Banda Aceh are M. Jully Fuady SH (Vice Director of Operational Division, Banda Aceh), Kamaruddin SH (Vice Director, Internal Division LBH Banda Aceh), Mustiqal Syahputra SH (Head Division Economic, Social and Culture, LBH Banda Aceh), Mardiati SH (Coordinator LBH Banda Aceh Pos Langsa), Sugiono (Staff LBH Banda Aceh in Langsa), Juanda (Staff LBH Banda Aceh in Langsa), Mukhsalmina SH (Assistant of General Defender) and Yulisa Fitri SH (Assistant of General Defender)
Banda Aceh, 8 January 2008
APKBF | Alliance of Victims of Bumi Flora