Case
Dili, 04 April 2026 (Media Democracia) – The Dili Judicial Court of First Instance TJPID on Thursday (30/4) continued the first judicial interrogation of the defendants involved in a drug case that authorities detained on Monday (27/4) recently.
In this first interrogation, the Public Prosecutor’s submission asked the Court to apply Preventive Detention to four defendants with the initials S, IP, YM, and AF, who are Indonesian citizens.
After the first interrogation of the defendants, the defense for defendant AF, Public Defender Angelmo Akara, said that the Public Prosecutor’s submission requesting the Court to apply preventive detention to the four defendants still needs to be considered according to legal principles and prerequisites before making a decision.
“One thing that must be looked at is the prerequisites, whether there is a well-founded danger that they [the defendants] will flee, a well-founded danger that they will interfere with the investigation, as well as a well-founded danger that they will continue criminal activity.” Angelmo Akara told journalists at the Dili Judicial Court of First Instance, Caicoli, on Thursday. (30/04/2026)
Angelmo Akara said that when applying Preventive Detention, Article 183 of the Criminal Procedure Code must also be fulfilled.
He affirmed that in the defense’s submission, they requested Term of Identity and Residence, while the three other defenses requested TIR with Periodic Presentation and Prohibition of Absence, and another defense for Defendant S requested bail, but this depends on the Court’s decision.
He explained that according to Law No. 2/2017 on the legal regime for trafficking and combating illicit drug consumption, for a person to be considered to have committed the crime of “sabu-sabu” consumption, a minimum of 0.2 grams must be reached. However, according to the mathematical calculation presented by the defense, the four defendants only consumed 0.125 grams, which has not yet reached the 0.2 gram limit. Therefore, the defense argues that the act committed by the defendants does not meet the legal elements to convict them of the said crime.
“Looking at the facts that happened, as the defendant brought the methamphetamine here, the quantity is small, only 0.2. Now, linking to the law today, if 0.2 is what the four defendants actually consumed, from 0.2 if we divide by four, it means it is already below the quantity that the law states, so we cannot convict.” he affirmed.
Therefore, the Defense asked the Court to only maintain the coercive measure of Term of Identity and Residence TIR for the defendants while the investigation process continues. However, the final decision on this request will depend on the Court’s deliberation in the coming days.
“Because there are indeed facts that the defendant who was brought here himself declared he himself brought a quantity of 0.5. If we divide by four, meaning the four consumed all of it, then it no longer meets what the law says, that to convict it must be 0.2.” Angelmo stressed.
The Public Defender said that if the Court decides to apply preventive detention to his client, then the defense will not remain silent and will file an appeal to contest the decision of the Dili Judicial Court of First Instance to a higher judicial instance.
Report By: Estefania Cardoso
Photo By: Estefania Ca