Who is/ are the Land Mafia in Muara Bunga Regency?
By. Henry Sitanggang
In the alleged Land Mafia in Muara Bungo, there are 6 perpetrators, but one of them, namely Husor Tamba is not, in our opinion, one of the perpetrators.
The case has been tried in District Court and then the Prosecutor appealed to High Court and this week the Prosecutor filed Memory of Cassation on 2 reasons:
1. The judgment is deemed too law against Husor, because according to the Prosecutor (and the Court) Defendant Husor participated in the crime as indicted based on article 55 par (1) vide 263 par ( 1).
2. That in the opinion of the Prosecutor, it is a mafia case.
We as the lawyer representing the Defendant has differ opinion. In our opinion, Husor shall not be treated as one of the Perpetrators, because he had no intention or means rea and actus reus in faking any one’s title.
The case history is that defendant Husor purchased a piece of land from Zulkifli. Then Husor asked the assistance of a lawyer, Immanuel Purba, to process the land to Land Agency inorder SHM or document of title be issued by the Muara Bungo Land Agency.
In fact, Immanuel asked Renty to help the process of SHM issuance. Then her colleague in Land Agency, her supervisor, Rizki, who is now arrested, forged the SHM No 714 belongs to Abdullah and then erase the name of Abdullah and made the name of Husor in the Certificate.
What is ridiculous is that the man reporting crime of forgery is Benny Suhamdi. Whilst after hearing been completed, it was found that the forgery was on the SHM no 714 belongs to Abdullah.
So we counter the Memory of Cassation of the Prosecutor that defendant Husor is totally under no involment in the forgery of Abdullah land. It was made by Riski upon request of Ms Renty at the request of the lawyer Immanuel Purba.
Husor, being a Junior High School graduate had no knowledge nor intstruction or approval of the forgery made by Riski. What Husor had intended had been to ask Immanuel, the lawyer , to proceed legally, but what he was given is a forged SHM.
We have the opinion that in order to meet the elements of article 55 par (1,) and 263 par (1) Penal Code, Husor did not qwalify as one of the perpetrator in the mafia. He is the victim of Mafia.
Let justice be granted to the Justiciable, and we pray to the Judex Jurist, to release our client as he is not one of the perpetrators.
Jakarta, 21st September 2024
Henry
Eko yus Haryanto.
