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Gading Simanjuntak objects to the prosecutor’s indictment. The mutually beneficial trade agreement becomes a crime.


Tangerang, internasionalpos.com

The exception of the defendant’s attorney Yulianda Marpaung considered the Public Prosecutor’s indictment to have legal implications. The indictment was premature, imprecise and incomplete, Tuesday (05/03).

So that the cancellation of the indictment as a ma a is intended by Article 143 paragraph (3( KUHAP. Perja Jian is charged with Article 378 of the Criminal Code and Article 372 of the Criminal Code.

Where the initial cooperation in buying and selling vegetable oil is mutually beneficial, based on the law.

“Civil mutually beneficial buying and selling is civil, not criminal,” said Gading Simanjuntak SH. m, Arief Hidayatullah SH Try Saudi Saragih SH Jhodri butar SH and Rut mana Simanjuntak SH. In the exceptions that were read alternately.

The objection of the defendant Yulianda’s legal counsel to the public prosecutor’s indictment was that there was a legal error causing the defendant to be unable to defend himself or be defended by legal counsel as well and fairly as his younger brother.

In the description of the objection, the defendant’s legal counsel team assured the panel of judges that they would assess it positively and would seriously dismiss this objection wisely and objectively.

The principle of good, honest and fair justice must be supported by law enforcers as important pillars in court.

In the criminal justice system by prioritizing the principle of presumption of Innocence or that a person is considered innocent until the court declares him guilty or presumption of innocence.

A mother runs a business honestly a commissioner of PT Alifa Jaya Anugrah with PT Christ Jaya Abadi purely a civil matter related to the sale and purchase agreement of vegetable oil.

At the signing of the agreement then PT Christ Jaya Abadi represented by Indritani has committed a breach of contract or broken promise by not making payment for the order of cooking oil brand Minyak Kita.

Delay in delivery of oil from suppliers located in Surabaya and Semarang.

The most principle PT Christ Jaya Abadi is suspected of using the Minyak Kita brand owned by PT Alifa Jaya Anugrah without the right to produce and sell cooking oil with the Minyak brand.

“We so that it causes huge losses for PT Alifa Jaya Anugrah,” he said.

Currently, PT Christ Jaya Abadi has been reported to the Bekasi Metro Police with the number Kp/B/495/II/2023/SPOT/Bekasi Metro Police/Metro Jaya on February 27, 2023 for alleged use of a registered trademark belonging to someone else.

The defendant Yulianda Marpaung g has become a victim of a broken promise/breach of contract and has suffered losses in the sale and purchase agreement for Kita oil bottles no. 001/Contract/VSP-CJA/IX/2022 dated September 15, 2022, accused by the reporting witness of blindly committing a crime of fraud and embezzlement of a sum of money amounting to 608,417,828. Six hundred and eight million.

It is suspected that the police report to the defendant at the office address was because the victim witness used the oil trademark.

Kita and traded to the public so that PT Arus Jaya Anugrah suffered losses due to the actions of the victim witness.

The agreement letter for the sale and purchase of bottled cooking oil between PT Alifa Jaya Anugrah and PT Christ Jaya Abadi is a civil legal act, therefore the Public Prosecutor’s Indictment is not a criminal act.

The legal incident carried out by the defendant Yulianda with the reporter Indritani as a promise by the legal subject so that the act is a civil legal act regulated in Article 1313 of the Civil Code on mutual benefit.

The defendant and the reporter have mutually enjoyed the benefits of the trade in cooking oil brand Minyak Kita.

(arfiaz)

Berita Terkait

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