Saturday, June 21, 2014

Pre-Trial



Matter             : PETITION FOR PRETRIAL
Attachment     : Power Of Attorney Letter

To the Honorable.
The Chairman of Yogyakarta District Court
At-
            YOGYAKARTA

For and on behalf as well as legal interest :
Mr. Michael Chandra, 30 years old, businessman, domiciled at Kauman Street No.29 Yogyakarta, hereinafter in this matter as PETITIONER.
In this matter represented by his legal advisors based on power of attorney letter which sufficiently stamped dated 7th April 2014, by giving authority to :
1.     HM. RIAN, SH.,MH
2.     HM. RAMADHAN, SH.,MH
Advocates at R & R Advocate Office”, have our registered office at Kaliurang Street Km.7 No. 178 Yogyakarta. Based on Special Power of Attorney and stamped dated 7th April 2014 hereinafter jointly called as PETITIONER.

Hereby submit a Petition for Pretrial toward :
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA cq THE CHAIRMAN OF THE POLICE OF THE REPUBLIC OF INDONESIA cq THE CHAIRMAN OF THE POLICE OF SPECIAL DISTRICT OF YOGYAKARTA.

Having registered office at Lingkar Utara Condong Catur Street Depok Sleman, Yogyakarta, as the Investigator, Assistant Investigator, hereinafter called as RESPONDENT.
The reasons of the Petition PETITIONER as follows:
1.     Whereas on Thursday, 3rd April 2014 at around 13.00 o’clock, while riding his motorbike at Gejayan Street, the PETITIONER suddenly intercepted by 3 (three) men who dressed like hoodlum, confessing as the apparatuses of the Police of the Republic of Indonesia, without showing their identities and the summon letter, the RESPONDENT directly arrests and brings the PETITIONER by using a car.
2.     Whereas in the car, the RESPONDENT closes the eyes of the PETITIONER by using duct tape, the RESPONDENT also handcuffs the hands of the PETITIONER.
3.     Whereas the RESPONDENT brings the PETITIONER to someplace, which later known by the PETITIONER that the place is detainee located at Lingkar Utara Condong Catur Street Depok Sleman, Yogyakarta.
4.     Whereas in the detainee, the RESPONDENT punches and kicks the PETITIONER.
5.     Whereas in the detainee, the RESPONDENT also prohibits the PETITIONER to conduct prayer.
6.     Whereas the impacts of the RESPONDENT closes the eyes by using duct tape, punches and kicks the PETITIONER have caused severe injuries at the face, the chin, the chest, and the back of the PETITIONER. This matter is based on the vise result from Panti Rapih Hospital Yogyakarta.

Based on the reasons above, thus the PETITIONER request to the Chairman of the Yogyakarta District Court to grant the matters as follows:
1.     Grant the entire Petition for Pretrial of the PETITIONER.
2.   Declare the arrest and detention which done by the RESPONDENT toward the PETITIONER are ILLEGAL.
3.     Order the RESPONDENT to release and free the PETITIONER from detention as well as apologize in 7 (seven) days either in electronic or print media.
4.     Punish the RESPONDENT to give compensation to the PETITIONER in the amount of Rp 5.000.000 (five million rupiah).

Should the Yogyakarta District Court have another opinion, we hope for the fairest decision.

            Yogyakarta, 10th April 2014
Sincerely
Legal Advisors of the PETITIONER
1.     HM. RIAN, SH.,MH
2.     HM. RAMADHAN, SH.,MH

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