Previous 1 / 37 Next

.::. p u T u s Nomor: 46/PID/2014/PT.PLG DEMI KEADILAN BERDASARKAN KETUHANAN YANG MAHA ESA Pengadilan Tinggi Palembang yang memenksa dan mengadili perkaraperkara pidana dalam tingkat banding, telah menjatuhkan putusan dalam perkara terdakwa : .:. Nama Abdullah Rusik bin Muhtar. Tem pat Lahir Pangkalan Bulian . Umur I Tanggal Lahir 32 tahun I 27 Mei 1978. Jenis Kelamin Laki-laki . Kebangsaan Indonesia. T em pat Tinggal Dusun II Desa Lubuk Bintialo, Kecamatan I Satang Hari Leko, Kabupaten Musi Banyuasin. Islam. Wiraswasta. Terdakwa telah ditahan berdasarkan Surat Perintah I Penetapnn Penahanan oleh : 1. Penyidik tanggal 08 Agustus 2013 No. Poi.SPPI9NIII/2013/Rcskrim, sej ~k tanggal 08 Agustus 2013 sampai dengan tanggal28 Agustus 2013; 2. Perpanjangan oleh Penuntut Umum tanggal 20 Agustus 2013 Nomor : 8147/N.16.9/Epp.l/08/201 3, sejak tanggal 29 Agustus 2013 sampai dengan tanggal 07 Oktober 2013 ;

Select target paragraph3

● ● ●

Abdullah Rusik bin Muchtar

CASE BRIEF

Jurisdiction

Indonesia

Nationalities

Indonesian

Case Title: Abdullah Rusik bin Muchtar

Age at Offence: 32

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Islam

Jurisdiction - Geolocation

Latitude: -6.293782809685137

Longitude: 106.84001863002779

Jurisdiction - Geolocation (linked CASE BRIEF): Indonesia

Contributing TRP Partner

Institute for Criminal Justice and Reform (Indonesia)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Reprieve by Executive

Year when sentenced to Death Row: 2010s: 2014

Method of Execution: Firing/Shooting: Squad

Rights Allegedly Violated

Fair Trial and Due Process: Fair investigation & fair disclosure

Nature of Offences for Death Penalty

Murder: Single Victim

Case Background (300 words max): Abdullah Rusik bin Muhtar (32 years old) is an Indonesian citizen who was arrested along with Indra Atmaja bin Hijazi and Dobi Sugara bin Ramdon by the Police for planning the murder of the victim named Iskandar Bin Syamsu by preparing a sharp weapon in the form of a sword/machete because the defendant was hurt towards the victim and according to the defendant the victim had stolen 2 (two) of the defendant's sensau machines and the victim also did not want to pay the proceeds of the purchase of wood to the defendant amounting to Rp 800,000 (eight hundred thousand rupiah) and the defendant was not happy that the victim worked as a thug at PT. Sentosa is happy together. The public prosecutor charged the defendant with life imprisonment, but the panel of judges of the court of first instance to the cassation level handed down the death penalty against the defendant.

Defence Arguments (200 words max.): The defendant's legal counsel at the court of first instance in his defense only pleaded with the panel of judges to impose a fair sentence on the defendant. Meanwhile, the defendant's legal counsel at the appellate court objected that the panel of judges of the court of first instance did not consider the facts revealed at the trial regarding the defendant's health and physical condition. In addition, the panel of judges of the first instance has also set aside the clinical certificate of psychiatric diagnosis from the Dr. Ernaldi Bahar Hospital in South Sumatra which explained that the defendant had a mental disorder or was not perfectly intellectually or insane.

Judgement with Headnotes (200 words max): The panel of judges at the appellate level considered that the reason that the defendant had a mental disorder was far-fetched because based on the minutes of the trial of the defendant's examination, it turned out that the defendant could answer the questions asked smoothly at the trial and did not show any signs of mental disorder. Therefore, the objections raised by the defendant's legal counsel cannot be granted. Then the panel of judges also considered that the defendant must be convicted in accordance with the article violated and the imposition of the death sentence given by the panel of judges at the first level was appropriate and correct.

Legal Representation Received

Trial: State Legal Aid
Appeal: State Legal Aid
Second Appeal: State Legal Aid
Pre-trial: Unknown

Legislation Related to the Offence(s): Law Number 1 of 1946 concerning the Criminal Code

Case Brief Entry Status: Entry in Progress

Language of Case Materials

Bahasa Indonesia

Is the case brief featured?: Yes

Primary Documents

Appeal Judgement - Abdullah Rusik bin Muhtar.pdf
Indonesian
Download View
Cassation Judgement - Abdullah Rusik bin Muhtar.pdf
Indonesian
Download View
First Instance Judgement - Abdullah Rusik bin Muhtar.pdf
Indonesian
Download View