Appeal Memory

Toward the Verdict of District Court Yogyakarta

No .PDM – 25/Yogyakarta/05/2015/PN.YK Date of June 28, 2015

Item : Appeal Memory Toward the Verdict of District Court of Yogyakarta

No. PDM – 25/Yogyakarta/05/2015/PN.YK Date of June 28, 2015

To The Honorable,

Head of the High Court of Yogyakarta

At-

YOGYAKARTA

Trough :

Head of District Court of Yogyakarta

At-

YOGYAKARTA

With all respect,

I, who undersign bellow :

Berna Merinda Febi, SH, LLM, Attorney at Law office of “BMF Law Firm & partner”
located at Taman Indah Permai No.5 Yogyakarta, based on the Specified Letter of Attorney
that undersign and stamp duty at May 23, 2015 in this occasion act on behalf and represent to
the legal interest to :

Miss Anis Susanti, Student, address at Cik ditiro No.12, Yogyakarta, further in this case
called as the APPEALED / DEFENDANT.

With this Appealed request to deliver the Appeal Memory toward the verdict of the
Yogyakarta District Court No.PDM – 25/Yogyakarta/05/2015/PN.YK Date of June 28, 2015
that stated as follow :
 ADJUDICATE :

1. That decide Miss Anis Susanti has been legally proven and convince guilty to the
criminal action “Murder”
2. That penalize the defendant with the sentences 6 years imprisonment
3. That penalize the detention that been through by the defendant deductible as a whole
to the verdict.
4. That order to the defendant keep in the detention
5. That decide the evidences as follows :
- 1 (one) Blue Dress
- 1 (one) Pocket Knife
- 6 (six) Witnesses
- 2 (two) CCTV Recorder
6. That giving the Burder of Court Fees to be paid as much as Rp. 2.500,- (Two
Thousand and Five Hundred Rupiah);

And because of the adjudicate above Defendant that know as the appealed that filed the
petition of the appeal examiner to the High Court of Yogyakarta through District Court of
Yogyakarta Date of June 28, 2015, so this appeal petition from defendant can be accept.

Therefore the legal basis and objection reason from the Appealed or Defendant to filed
this Appeal Memory are as follows :

01. That appealed (Defendant) has objection with the consideration of the Judges due to
the evidences that believe as Murder weapon, the defendant has that pocket knife as
the protection and the wound of the victim do not scientifically proving the
defendant’s pocket knife is as the murder weapon,
02. That the 6 (six) witnesses that gives testimony but do not as convience that known the
defendant has murder the victim, the testimony of the witnesses are argumentive not
gives the legal fact that the defendant has murdering the victim,
03. That also to the last evidences that showing the defendant and victim has fight at the
Liquid cafe, this evidences only showing the defendant and victim fight and in the
CCTV but until the last recording both of defendant and victim has proven still alive,
than the CCTV as the evidences is inrelevant to be used as the evidences.
04. That the consideration of the key witness that stated saw the defendant has leaving the
victim’s boarding house can not be used as the evidences since known that the witness
is an alcoholic, so the testimony of the key witness can not accepted.

Based on the explanation above, the appealed request to the Honorable Head of High
Court of Yogyakarta, would gives the decision as follows :

PRIMARY

- Accept the Appeal Memory from the appealed (defendant) with all the theorems
and legal reasons;
- Annul the verdict of the District Court of Yogyakarta in the criminal case No
.PDM – 25/Yogyakarta/05/2015/PN.YK Date of June 28, 2015, than adjudicate
and decide :
1. Decide that the defendant has not proven and not convience done the criminal
action that regulate in Indonesian Criminal Code article 338
2. Decide the defendant has realease from all the charges
3. Decide the defendant to be realse from the detention
4. Recovering the right of defendant and the dignity of the defendant
5. Decide that the court fees is become the state responsibility

SUBSIDARY

That if the Judges has another consideration to this case, request to the Honorable
Judges to gives the light punishment as the elements to lessing the punishment of the
defendant (Ex Aequa Et Bono).

Yogyakarta, July 10, 2015

With all Respects,

The Legal Consultant of The Defendant

Berna Merinda Febi, SH, LLM