Not Accepting the 1 Year Prison Sentence, Nia Ramadhani's Legal Counsel is Ready to Appeal

Kapanlagi.com - Wa Ode Nurzaenab, the lawyer of Nia Ramadhani, Ardi Bakrie, and Zen Vivanto objected to the Judge's verdict of one year imprisonment for their clients.

According to Wa Ode, her clients are victims of drug abuse who should undergo rehabilitation, not imprisonment.

"In this matter, it is clear to us as legal advisors. It is clear to us that they are users, victims of drug abuse," said Wa Ode at the Central Jakarta District Court on Tuesday (11/1/2022).

"The usage has been repeated, at least since April. And there is both psychological and physical dependence. So according to the constitution, they should be rehabilitated. But the Judge has a different opinion," she continued.

1. Contradictory

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Wa Ode continued, previously the BNN had recommended that their client undergo rehabilitation based on the assessment results. According to her, the 1-year prison sentence for Nia Ramadhani is very contradictory to the legal facts.

"The facts in the trial are clear, the result of the assessment conducted by the Integrated Assessment Team (TAT) of the BNN DKI Jakarta province in September 2021. Previously, in July 2021, there was also an assessment result from the BNN RI stating that they are drug abusers who must undergo rehabilitation," said Wa Ode. 

"These are sick people, drug users who must undergo rehabilitation. Therefore, they undergo rehab. So when the judge decided that they are not drug abusers who must undergo rehabilitation, it contradicts the legal facts that exist in the trial," she added.

2. Appeal Efforts

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As the legal counsel, Wa Ode greatly respects the judge's decision. And therefore, she advises her client to file an appeal.

"But we respect any Decision of the Judge. On the other hand, the defendant has the right to file a legal appeal. In this case, filing an appeal, because they immediately declared their appeal," she said.

3. Not Required to Serve Prison Sentence

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According to Wa Ode, because her client filed an appeal, her client does not have to immediately serve the one-year prison sentence imposed by the judge.

"The decision of the panel of judges cannot be executed yet. It is not final, so their legal position cannot be executed at the moment because it is still in the appeal process," she said.

4. Judge's Verdict

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The judge sentenced three defendants to one year in prison. This decision was made after considering several aggravating and mitigating factors.

"Aggravating, the defendants' actions do not support the government's ongoing efforts to combat drugs. Defendants 2 and 3, as public figures who should set a good example for society, behaved otherwise," said the judge.

"On the other hand, the defendants' lack of prior convictions and their admission and promise not to repeat their actions are mitigating factors. The defendants also have family responsibilities," the judge added.

5. Not Classified as Addicts

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In the verdict, the panel of judges rejected the Public Prosecutor's demand for the three defendants to undergo 12 months of rehabilitation.

In their deliberation, the judges determined that the three defendants do not qualify as addicts or victims of drug abuse who need rehabilitation.

"Since the defendants do not meet the qualifications of addicts and drug abuse victims, the rehabilitation they have undergone cannot be counted towards their sentence," the judge stated.

(kpl/dan/dwn)