The defense team of the defendant, H. Didik Yudi Ernawan, filed a statement of objection (demurrer) against the Public Prosecutor's indictment in the trial of an alleged timber investment fraud and embezzlement case. In the hearing held at the Banjarmasin District Court, the defendant's team emphasized that this matter is purely a business dispute falling under civil law, not criminal law.
The hearing, presided over by Chief Judge Cahyono Reza Adrianto, scheduled the reading of the defendant's objection. Advocate Robert Hendra Sulu, representing Didik, stated that forcing criminal law into this case violates the principle of ultimum remedium (criminal law as a last resort), considering that the legal relationship between the two parties was based on a business cooperation for timber shipping.
Robert explained that his client acted as the Director of PT Anugerah Ailantus Altissima when receiving funds from the complainant, Adek Dasfial Manra. A fund flow of IDR 500 million was deposited directly into the company account, accompanied by land certificate guarantees. Thus, if there was a payment failure or bounced check, the resolution should have been pursued through a civil breach of contract lawsuit.
In addition to the civil jurisdiction issue, the defense team also highlighted the vagueness (obscuur libel) in the prosecutor's indictment. The use of alternative charges under Article 492 and Article 486 of Law Number 1 of 2023 on the new Criminal Code (KUHP) was deemed contradictory in terms of criminal elements, thereby confusing the defendant in preparing his defense.
On the other hand, the Public Prosecutor accused Didik of causing financial losses to the complainant amounting to IDR 670 million. The money was transferred in stages, both to the company account and the defendant's personal account for operational purposes. The prosecutor stated that the check guarantees provided by Didik were rejected by the bank due to insufficient funds, and the promised investment profits were never realized.
Referring to these points of objection, the defense counsel requested the panel of judges to accept the demurrer in its entirety, declare the indictment null and void by law, and release the defendant Didik Yudi Ernawan from detention in order to restore his honor and dignity.
