First and foremost, we wish to express our profound sorrow and condolences over the families who have lost their loved ones.
Moving forward,
We, on behalf of our client, hereby wish to convey several matters, including:
Our strong objection and deep concern regarding the arrest and designation of suspect status carried out by investigators against Mr. Michael Wisnu Whardana.
In our view, the process conducted contains a number of irregularities and non- compliance with applicable legal procedures, as guaranteed by the Indonesian Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana / KUHAP) and the Constitution of the Republic of Indonesia. Our objections are as follows:
1. Allegedly Unlawful Arrest: The arrest is alleged to have been carried out without a valid arrest warrant, except in cases of flagrante delicto – a condition we believe was not met. Furthermore, the stated reasons for the arrest are not sufficiently clear and strong to satisfy the “reasonable suspicion” requirement as referred to in Article 17 of the KUHAP.
2. Hasty Designation of Suspect Status Without Adequate Preliminary Evidence: Suspect status was unilaterally designated without providing Mr. Michael Wisnu Wardhana and us as his legal representatives with sufficient opportunity to clarify the allegations. We question the adequacy and validity of the preliminary evidence used as the basis for this designation.
3. Violation of Suspect’s Rights: There are indications that Mr. Michael Wisnu Wardhana’s rights as a suspect have not been fully fulfilled, including:
– The right to be accompanied by legal counsel from the time of arrest until the early-morning interrogation began (Article 54 of the KUHAP).
– The right to be clearly informed in a language he understands about the charges and their legal basis.
– The right to contact and receive visits from family to obtain legal and other assistance.
4. Concerns Over Criminalization and Persecution: We see potential motives behind this arrest that are not purely based on legal considerations, but rather on pressure from certain parties or conflicts of interest. This is highly concerning and undermines the rule of law principle.
Our Demands:
1. Transparency and Accountability in the Legal Process: We urge the Central Jakarta Metropolitan Police to openly and clearly account for the legal basis and preliminary evidence used in the arrest and designation of suspect status.
2. Review of Suspect Status: We urge the investigators or the Public Prosecutor’s Office to review this suspect designation, and if evidence is insufficient, decriminalize immediately (change status from suspect to witness) or even terminate the investigation (issuing a Letter of Termination of Investigation / SP3).
3. Fulfillment of Legal Rights: We demand that all o f Mr. Michael Wisnu Wardhana’s constitutional and procedural rights as a suspect be fully fulfilled without diminution, including full access to legal counsel and family.
4. Fair and Impartial Legal Process: We expect the subsequent legal process to proceed independently, fairly, and in accordance with the principle of presumption of innocence.
We call on all parties, including the National Rights Commission (Komisi Human Nasional Hak Asasi Manusia / Komnas HAM), the National Police Commission (Komisi Kepolisian Nasional / Kompolnas), and other law enforcement oversight bodies, to pay serious attention to this case in order to safeguard a just legal process.
We also request support from the general public, non-governmental organizations, and media colleagues to continue following the developments of this case critically and proportionally.
Public trust in law enforcement must be built through transparency and compliance with the rules of the game. We will use all available legal channels to fight for Mr. Michael Wisnu Wardhana’s rights.
Thank you.
Best regards,
Legal team of PT TERRA DRONE Indonesia
- Eva NChristianty, S.H,M.H.
- Stella M Masengi, S.H.M.H
- Purgatorio Siahaan, S.H
- Samuel Bonatua Rajagukguk, S.H
- Huala Herianto, S.H
- Alicia Avelina Lawadinata, S.H
