Breaches of the Indonesian Code of Criminal Procedure (KUHAP) in the Schapelle Corby Trial

Independent Research Paper
» Introduction
» General Aspects
» Chronological Study
» Further Aspects
» Appendix I
» Appendix II




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Although this study focuses only on breaches of the law which I have been able to confirm myself, there will certainly be other serious breaches. I consider the following to be breaches but further research is required:  

·         Whether the prosecution were correct in charging Schapelle Corby with Article 82 which, as far as my research indicates, is reserved for those working in a drug syndicate and not alone. This would be a breach of the special narcotics laws of the Criminal Code (KUHP). I don’t have a copy of the special narcotics laws. According to the prosecution indictment, if there is not enough evidence to convict her of trafficking, she could be convicted under two lesser laws carrying maximum prison terms of 15 years and 10 years respectively. So there is some doubt in my mind about the propriety of the conviction under Article 82.  

·         The destruction of the evidence before all legal appeals had been exhausted. There are precedents in Indonesia where samples of drugs have been preserved before the bulk was destroyed. Why didn’t the authorities preserve a sample from Schapelle Corby’s case?  

·         The influence of public opinion and prejudice on the judges’ decision.   See:

Appendix 2: The Principle of Judicial Independence and Impartiality

·         The English-language proficiency of Winata, and the other airport witnesses who testified for the prosecution, was challenged at least twice in court but never tested. It was probably challenged more frequently but my archive has only two occasions: 28 April and 12 May.  

·         The value of Australian marijuana in Bali was never proved – it was always reckless speculation by everybody concerned.  

·         The existence of Australian marijuana on the streets of Bali was never proved.  

·         Lily Lubis’ post-trial unco-operation in providing Erwin Siregar with records of court proceedings and the police evidence brief. Is this a breach of the law?  


NEXT: The Failure To Test for Fingerprints or Determine the Quality and Origin of the Marijuana

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