MY sue

(By: Roy Sinaga)
Read out in court in the District Court of Medan (10/06/2009)

Panel of Judges is noble,
Dear Attorney General,
Legal Counsel and Gentlemen,
And the spectators who I respect and be proud of,

In the Medan District Court trial in this, let me express gratitude for the opportunity and time given to me to convey the expression of feelings and thoughts into unrest and anxiety in my mind that will express through my defense of this Memorandum.

Preliminary
Panel of Judges is noble,
On this day Tuesday, October 6, 2009, had 238 days I went through this ugly reality, which is calculated since I was set and was detained as a suspect by the authorities. Where have I passed 106 days in detention and subsequent Poltabes Medan at the detention class 1 Medan Tanjung Gusta. Day after day I pass by full of questions and reflections that always makes me nervous. I always ask the authorities, ask the people around me, ask the governing law. Fidget with a totally new place for me, anxious to every utterance and eyes that looked on me. Which then leads to my anxiety concerns, when not one of them who understand and give answers to my questions.

I spend a lot of time to ponder what I experienced since I am dealing with the authorities, which is about 7 (seven) months counted from the time I set as a suspect in the February 3 demonstration ago. In the cramped room, measuring only 6 x 6 meters and is inhabited by at least 30 prisoners who sometimes increases and decreases from the amount in accordance with the delivery and pick-up season custody by the Attorney General. Sometimes I have to stay up or not sleep to be able to read a book or to simply write in my diary, because I have to mengunggu conditions rather calm and quiet room after my friends already in bed. Which in the end I get the inspiration to define the title in this court was, 'I Menggugat'.

Had crossed my mind to choose the title 'People's Menggugat' or 'Indonesia Menggugat', inspired from the history of Bung Karno when presented before the court as well as today. But because the scope or the Indonesian people that in my opinion, including the scope of the macro, then I choose "I" as a subject people of Indonesia are expressed as a defendant in this case. Moreover, the capacity difference between me and the Bung Karno very much different, but the anxiety Bung Karno was the one who I feel at this point so I chose both to 'sue'.

If the first court was Indonesia Menggugat by Bung Karno was the base of the national revival movement, then I hope this court was to be something light to help me in finding the essence and my identity as a nation of children in this country. And when approximately bulam August until December 1930 Bung Karno be tried before a judge at the Court Landraad Bandung 79 years ago, a young Sukarno dimejahijaukan charges of intent would have dropped the Dutch government and disrupt the country's security by conspiring to create a rebellion. Another allegation that is trying to destroy the Dutch government with no legitimate way (article 110 of criminal law book) makes rebellion (article 163 bis of criminal law book) knowingly broadcast false news to disturb public order (article 171 of criminal law legislation.) In essence, Sukarno was accused of being rebels. He then snared with rubber articles haatzai artikelen. As the nation agree that the articles which alleged that the Indian government only as a tool to hit all the movements of the Netherlands against Dutch colonialism.

And on this day in court I was confronted with accusations of being a committed, ordered to do or are party to the act was by force or threat of violence broke something hearing loss legislatures, government agencies or people's representative bodies are held by or on behalf of government or force the agency to receive or reject the decision or get rid of something someone Chairman or member of such a session, as contained in Article 146 of Criminal KUH jo article 55 paragraph (1) to the Criminal KUH-1, and other indictments as stipulated in article 170 paragraph (1) to the Criminal KUH-1 and article 335 paragraph (1) to-1 KUH Criminal jo article 55 paragraph (1) to the Criminal KUH-1. Which of the articles mentioned above are the product Book of the Law on the Dutch colonial era are no longer appropriate when applied in Indonesia, which has declared its independence on August 17, 1945. Certainly unfortunate when we have declared the independence of colonial oppression and the Netherlands, but the laws they still were like we used as a tool for oppression and mejajah own nation.

Of all the struggles and anxiety that I experienced, I chose to resist and rebel, as the demands of independence I think. I will sue anyone who tries to menghekang my independence, I will sue sitiap treatments that are not fair in accordance with the principles of social justice for all Indonesian people as the ideology of this nation.

Police sued
Panel of Judges is noble,
In the face of this trial, I will sue the police who have criminalize me in this case. I feel the police treatment in this case is unprofessional and not in accordance with their motto and guidance as a public servant. Where has the following actions:
1.Menangkap and make me a suspect without the appointment of a tool or material evidence.
2.Polisi in this case as investigators have made the BAP (Minutes of Investigation) without being accompanied by my lawyer.
3.Dalam investigation, Police copying and pasting from your BAP Roni Situmorang into my BAP file. Things like that also apply to file many friends fellow defendant in this case.
4.Penyidik always provide psychological pressure such as checking me until late at night and always shouting at me when my description does not match the diarahkannya.
5.Polisi never give an answer about what was the reason they make me a suspect.
6.Polisi has testified at the hearing with only directed by the BAP and I'm sure their testimony they are only imaginary.
7.Polisi has created public opinion by giving us a very tight guard with a fully armed as if we are dangerous criminals who deserve to be in demand with a sentence like that we experience today.
Such actions, which always lead to anger and anxiety in my heart and mind. I hope in future such actions will not occur again for the sake of the ideals of freedom of every person on Earth Indonesia.

Panel of Judges is noble,
Why no one is sure the police are presented as a suspect in this court? Are they not responsible for the events of February 3 the last? Is removal Ka. North Sumatra Police have enough to pay for police mistakes?

On this occasion, I will declare the lawsuit and my determination, that in the future I will not deal anymore with the police, because I trust completely lost on them. I will keep myself and would not expect any services from them. Many things which this nation has diamini common knowledge when many violations and abuse committed by those who have power in this country. And I express disagreement with any of it. I would never declare that a state that must be passed, I will continue to resist all that, even if only in thought, I will never give up.

Attorney sues
Panel of Judges is noble,
Dear Attorney General,
I really appreciate and thank you for the smile and strengthening expectations that given by Mrs. DA Asni Zahara Hasibuan, SH which in this case acts as the Public Prosecutor against me. I also feel the inability of prosecutors to be independent in handling this case. Which means a bit much between me and the Public Prosecutor have the same anxiety.

With all due respect, I also will file a lawsuit against the attorney who in this case has an important role in handling this case. Proven in the absence of an investigation by the Attorney and I saw Attorney only make charges by following the scenario created by the Police.

Dear Attorney General,
I hope the prosecutor will answer my question this. Does our consideration to the demands of the prosecutor demanded the same and equal to the demands for 7 years in prison which in my opinion as a threat demands a maximum of Criminal KUH for 9 years in prison. I quote the revelation of Criminal Law Experts DR. Maidin Gultom, SH, M. Hum. when asked for testimony as an expert witness in an earlier trial. He stated that, "penuntuntutan against crime must be seen from what motives and intentions pedana actors such action." If studied in a straight line, whether we can say that my motive February 3 when the action was to dismiss the trial? Where is the agenda of what I diparipurnakanpun not know anything, as I've pointed out in my examination as a defendant in the previous trial.

I regret all this. I see independence as the chief law in this State has been deprived by the parties who have political interests. And we the people this little stupid and only as victims penzoliman.

Witnesses sue
Panel of Judges is noble,
I am also very clearly states the lawsuit and my objection to the testimony of witnesses who have been questioning the previous trial. Where the testimony they gave at all incompatible with the truth. As has been stated as the testimony of witnesses before this persidandan. Among others:
1.Elmadon Ketaren, in his statement said that witnesses had seen my brother Roni Situmorang simultaneously forced entry into the plenary hall. While I am with you Roni Situmorang has been separated shortly after arriving at the Parliament building page-SU and no entry at the same time as was described by witnesses.
2.Elia Karo-karo, in the BAP, the witness saw me and my brother Roni Situmorang is on the scene but from his description dipersidangan, he dared not expressly declare there to see us with a reason to have forgotten (do not remember) again.
3.Erikson TP. Siagian, in his statement before the court and explained that my brother Roni Situmorang are party to the action pushing and shouting "push-push", while my own brother Roni Situmorang separated shortly after arriving at the Parliament building-SU and I have absolutely no perform actions such as stated.
4.Syarifurrahman, in his statement to say that I am with you Roni Situmorang always observed, but in subsequent testimony, he says just want to test the defendant's testimony, while his capacity as a witness at the trial only. From the description it is obvious that the only information beliu essay and a mere illusion that simply directing the defendant to comply with the contents of BAP which had previously been conditioned by the investigators. And he also stated that since the beginning of him as the police do not have reason enough to make me and my brother Roni Situmorang as a suspect.
5.Setia Gurusinga, in his statement also similar to the statements of other witnesses.

Panel of Judges is noble,
From the testimony of witnesses, I saw a gaffe-discrepancy and totally illogical. As has been witnessed by this court, they bravely testified against many defendants in this case, like Elmadon Ketaren, Elijah Karo-karo, Faithful Gurusinga has provided the same information, which is to see the defendants at the scene. And just how logically possible for a witness to witness in detail the treatment of the defendants in the midst of much mass at the time, which is about 5000-the people. As for looking for my friends or people I know like a brother Roni Situmorang be very difficult in the middle of the masses crowded at that time. There are indications that the witnesses had dibreafing before giving testimony before the hearing.

Therefore, I would reject and refute the instructions submitted by the Prosecutor General, which states that: "based on the facts revealed in the trial both witnesses, and the statements of the defendant which are interconnected to one another and correspond, then under the provisions of Article 188 paragraph (1), (2) Criminal Code allowed a legitimate form of evidence that prove the clues that have occurred as the alleged crime and the defendant as the perpetrator ". I see that these instructions are not precise, because the witness testimony is very far from the truth, and contrary to my statement sabagai defendant as I have explained in the previous session agenda.

Cover
Panel of Judges is noble,
Dear Attorney General,
And the spectators who I respect and I am proud of,
In the end, I just hang the highest hopes to the decision of the judges are noble, who has been entrusted as a representative of God to give the fairest decision to us. Although in this trial we have been charged as a person who has committed criminal acts. We were only a collection of blind people who try to violate the traffic signs at the crossroads. For that with all due respect I ask the noble judges to punish us for our blindness and stupidity, but not for an offense, because we really do not know this as a violation. Let the punishment to be handed down to us as a reminder of the signs that we will definitely meet the future.

Panel of Judges is noble,
Dear Attorney General,
This moment will I make as a learning process and search for more love my homeland of Indonesia. I very much get a new lesson and very valuable as long as I was in prison. Hopefully in the future, what would be the ideals of this nation as it has been proclaimed by our Founding Father's Soekarno-Hatta can be realized for all Indonesian people. And I will declare my allegiance to hold the reform agenda and democracy in our beloved country. Let us together open the hearts and minds to fix this nation's journey toward a better direction.

Let this be my anxiety anxiety of all those who suffered the same fate and treatment like me who are oppressed. Due to a change arises from the existence of anxiety and rejection of the present circumstances. And if the anxiety even higher, then the refusal will also be stronger, and there strongholds of tyranny would be torn down and there came a change upon the fulfillment of noble ideals.
Thank you.

Medan, October 6, 2009
Sincerely,

Roy Sinaga