Monday, April 25, 2016
Judge frees MS, Son Caught by Justice perverted
MS16), a child who was arrested for hard water flush in Tebet in celebration of the new year ago, this afternoon it was decided out of custody by Judge Pudji Tri Rahadi, Monday (25/04/2016).
MS through his attorney Jakarta Legal Aid Institute, previously filed an exception or objection to the memorandum of MS cases. Hakim was today received the exception and prosecutors dropped charges.
"Deciding receive an exception or objection memorandum defendant entirely legal counsel, the public prosecutor declared indictment null and void, ordered to immediately remove the defendant from custody, charge the case for the state," said the judge read the verdict Pudji.
In a memorandum of objection, LBH questioned the police action and the prosecutor.
"Supposedly at the time of the investigation, the police find out the age of the MS 3 junior class, they wear the wrong diploma SD MS who called him born in 1995, when he was born in 2000. After transferred to the prosecutor, the court also did not check," said Flowers Siagian , legal counsel MS.
MS had never had a birth certificate. Only after the case is processed, the family took care of the birth certificate. However, the prosecution ignored the birth certificate, until MS was eventually tried in general even though he was underage.
Chronology
Case MS originated from the activities of the new year celebration with grilled fish did MS do with his friends in a hut in the village of Flamboyan 7, Tebet, South Jakarta.
Suddenly MS heard a voice that no attack. He saw a bunch of people over to where he sat in front of the hut. A bunch of people attacked him and his friends with sharp weapons.
He also avoid trying to save themselves. MS have heard that there is hard water beneath the hut, immediately took the water and splashed to HB, who will membacoknya.
HB previously been slay AR (20 years old), friends MS. This case is processed by Polda Metro Jaya since last January, and transferred to the High Court of Jakarta. He was charged with Article 351 paragraph (2) and paragraph (1) Criminal Code of persecution with the threat of up to four years in prison.
For four months, MS eventually detained in Cipinang along with HB, and other adults. Based on the recognition of MS, he and HB was at peace. Flowers calls, MS should not be processed in the common law, but with the restorative justice in accordance with the Juvenile Justice System Law No. 11 of 2012.
"In law restorative, MS should be applied diversion. So just mediation with victims to find a middle ground and certainly not detained. Because inmates or prison was not a place for children," said Flowers.
Source: kompasnews
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