Defense Demands Annulment of Indictment in Corruption Case of Former Samosir Social Affairs Head

MEDAN | INDATANEWS.COM - The defense team of former Head of the Social and Village Empowerment Office (PMD) of Samosir Regency, Agust Fitri Karo-karo, has urged the panel of judges to declare the prosecution's indictment null and void. The request was filed through an exception (eksepsi) during the continuation of hearings in the corruption trial concerning the "Economic Assistance Strengthening Program for Disaster Victims" in Samosir Regency at the Medan District Court Corruption Court on Thursday, July 2, 2026.

The defense team from the law office Dwi Ngai Sinaga & Associates, consisting of Dwi Ngai Sinaga, Rudi Zainal Sihombing, Benri Pakpahan, and Sultan Hermanto Sihombing, argued that the indictment does not meet the formal requirements stipulated under the Criminal Procedure Code (KUHAP). They claimed the charges are imprecise, unclear (obscuur libel), and fail to fully outline essential elements of the alleged offense.

Dispute Over Participation and Legal Construction

According to the defense, the indictment does not sufficiently explain the legal basis for charging Agust Fitri Karo-karo alongside Jonni Ronal Simanjuntak under Article 20 letter c of Indonesia's Criminal Code (Law No. 1/2023) for alleged complicity in corruption.

"The prosecutor has not explained that both cumulative elements of joint liability have been fulfilled, namely conscious cooperation and factual cooperation in committing the offense," defense attorney Rudi Zainal Sihombing told the court.

Rudi also criticized the lack of clarity regarding the division of roles among the alleged participants. He said the indictment separates the actions of Jonni Ronal Simanjuntak without explaining the connection or any prior agreement with the defendant.

Legal Status of Co-Defendant Questioned

Defense lawyer Sultan Hermanto Sihombing also questioned the legal standing of Jonni Ronal Simanjuntak, who is described in the indictment as being prosecuted separately.

"Has he actually been named as a suspect? Or is this merely a narrative presented by the prosecutor?" Sultan asked.

He further pointed to inconsistencies in the description of state losses. While one part of the indictment states a loss of IDR 516,298,000, another section mentions a budget shift of IDR 1.515 billion from the national budget.

Lack of Causality and Unclear Authority Alleged

Defense counsel Dwi Ngai Sinaga stated that the indictment fails to establish a clear causal link between the defendant's actions and the alleged state financial loss.

"The indictment also does not clearly explain the defendant's authority in the process of fund distribution to beneficiaries," he emphasized.

Time, Place, and Contradictory Details

Defense attorney Benri Pakpahan added that the indictment also lacks clear information regarding the time of the alleged offense (tempus delicti) and the location (locus delicti). He said several contradictions also appear in the document, including discrepancies in the number of beneficiaries, the amount of alleged losses, and the distribution of funds.

"On these grounds, we request that the indictment be declared null and void, or at least inadmissible, and that the defendant be released," Benri said.

Prosecutors and Court Respond

Prosecutors from the Samosir District Prosecutor's Office, Modana Hutajulu and Arina Pandiangan, declined to provide detailed comments outside the courtroom regarding the status of Jonni Ronal Simanjuntak and referred inquiries to the public information division.

"Please contact the investigation division," said Modana Hutajulu.

Head of the Public Information Division, Juna Karo-karo, stated that internal coordination with the prosecution team is still ongoing.

Hearing Postponed

Presiding judge Hendra Hutabarat adjourned the hearing and scheduled the next session for Tuesday, July 8, 2026, when the prosecution is expected to respond to the defense's exception.

"The hearing is adjourned and will resume on July 8 with the prosecution's response," the judge stated. (IDNC)

REPORTER: Darmailawati | EDITOR: Fik Sagala