Three defendants in a case of alleged kidnapping and murder of a bank\nbranch head, identified as MIP (37), have asked to be acquitted from the\ncharges previously brought by the prosecutor, through their defence\ncounsel. The defence for Captain Chk Zulham\u2019s client argued that the\ncriminal elements alleged against the defendants were not proven legally\nand convincingly at the trial. \u2018Therefore we request that the defendants\nbe acquitted of all charges, with the costs of proceedings borne by the\nstate,\u2019 Zulham said as he read the plea.<\/p>\n
For the first defendant, Corporal Mochamad Nasir, the defence team\nsaid that the Military Prosecutor\u2019s charges under Article 338 of the\nKUHP read in conjunction with Article 55(1) 1 KUHP on the alleged\nmurder, and Article 181 KUHP on the alleged hiding of a corpse, were not\nfulfilled. In the conclusion of the plea, the defence asked the Panel of\nJudges to accept all the defendants\u2019 pleadings, reject the Military\nProsecutor\u2019s indictment II-07 Jakarta, and find that Corporal Mochamad\nNasir did not commit the crime as charged.<\/p>\n
The defence also quoted the legal principle \u2018in dubio pro reo\u2019,\nmeaning that if there is doubt, the decision should favour the accused.\nIn addition, the counsel quoted the saying of the Prophet Muhammad (SAW)\nthat punishing in doubt is a sin. \u2018It is better to acquit a thousand\nguilty persons than to punish one innocent man,\u2019 Zulham said.<\/p>\n
Meanwhile, in the plea for the second defendant, Corporal Feri\nHarianto, the defence asked the Panel of Judges to dismiss the charges\npreviously read by Military Prosecutor II-07 Jakarta on 18 May 2026. The\ndefence considered that the defendant was not proven to have committed\nthe offence as charged under Article 333(3) KUHP in conjunction with\nArticle 55(1) 1 KUHP relating to alleged deprivation of liberty\nresulting in death. On that basis, the defence asked that Corporal Feri\nHarianto be acquitted of all charges.<\/p>\n
A similar request was made for the third defendant, Serka Frengky\nYaru. In his plea, the defence said the elements \u2018any person\u2019 and \u2018in\nconcert\u2019, as charged by the Military Prosecutor, were not proven. The\ndefence said there was no involvement by Serka Frengky Yaru in the case.\nThey argued this was supported by the testimony of several witnesses in\ncourt, including Witnesses 9, 11, 12, as well as the testimony of the\nsecond defendant.<\/p>\n
The defence also invoked the criminal law principle \u2018actus non facit\nreum nisi mens sit rea\u2019, meaning a person cannot be punished without\nintent. \u2018With the first, second and third elements not proven, the\nfourth element is also proven beyond a reasonable doubt,\u2019 they said.<\/p>\n
In their request, the defence asked the Panel of Judges to accept all\npleadings of Serka Frengky Yaru, reject the Military Prosecutor II-07\nJakarta\u2019s charges, acquit the defendants of all charges, and charge the\ncosts to the state.<\/p>\n
Nevertheless, throughout all pleas of the three defendants, the\ndefence asked for a fair verdict if the Panel of Judges holds a\ndifferent view of the case.<\/p>\n
In the Military Court\u2019s indictment reading, the first defendant,\nSerka Mochamad Nasir, was charged with a prison term of 12 years,\nreduced by time already served. The second defendant, Kopda Feri\nHarianto, faced a 10-year term, reduced by time served. The third\ndefendant, Serka Frengky Yaru, faced a four-year term. In addition, the\nfirst and second defendants were also charged with dismissal from the\nArmy\u2019s service.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/three-defendants-in-bank-branch-head-murder-case-seek-acquittal-1779542468", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }