In a recent court session at the Simalungun District Court, Judge Anggreana E Roria Sormin rejected the pretrial motion against the designation of the Indigenous People of Sihaporas as suspects. The judge stated that the decision to name the suspects was in accordance with the Criminal Procedure Code (KUHAP).
According to Judge Anggreana Sormin, the designation of suspects by the Criminal Investigation Unit of the Pematangsiantar Police against four Sihaporas residents – Thomson Ambarita, Jonny Ambarita, Parando Tamba, and Giovani Ambarita – followed proper arrest procedures.
„The investigation conducted was in line with regulations, the evidence presented in court met the requirements of the KUHAP, and the conditions for detention were met,“ said Judge Anggreana Sormin, who rejected all of the suspects‘ requests.
The suspects‘ legal representative, Boy Raja Marpaung, expressed disappointment, stating that he had been pessimistic from the beginning about the possibility of achieving justice in this trial.
„We are disappointed because the judge has rejected all of our requests, which we believe have violated legal processes,“ said Boy Raja.
Boy argued that the ruling did not reflect a sense of justice and set a bad precedent for law enforcement involving indigenous communities.
„The judge did not uphold Human Rights and did not even consider the testimonies of the witnesses we presented in court,“ Boy added.
Furthermore, Boy criticized the judge for not examining the sequence of events leading to the arrests and the investigative process conducted by the police on the suspects. He felt that many aspects were overlooked in the decision-making process.
„They said there was already an examination report, but I only joined them after their arrest. I am confused, did the judge not see the timeline?“ Boy questioned.
Following the failure of the pretrial motion, Boy, along with the Indigenous People of Lamtoras Sihaporas, will continue to support the legal process for their four colleagues at the Simalungun District Court. Currently, the police are finalizing the investigation before transferring the evidence and suspects to the prosecutor’s office.
In conclusion, the rejection of the pretrial motion has sparked controversy and raised concerns about the fairness of the legal system, particularly in cases involving indigenous communities. The outcome of this trial will undoubtedly have implications for future cases and the protection of the rights of indigenous peoples in Indonesia.
