Appeals Court reduces Agus Isrok's sentence

JAKARTA (JP): The Jakarta Military Appeals Court has reduced the sentence handed down by a lower court in the drug case involving Second Lt. Agus Isrok, the son of former Army Chief of Staff Gen. (ret.) Subagyo Hadisiswoyo.

In its ruling, the Military Appeals Court halved Agus' sentence to two years imprisonment, allowed him to stay in the military and reduced his Rp 10 million fine to Rp 3 million.

But commander of the Jakarta military police Col. Yustiono said on Friday that notwithstanding the court's ruling, Agus would still be discharged from the Army as he had exceeded the tolerable period of three months for absence from duty while serving his jail term.

"Military regulations stipulate that a soldier who is absent from duty for three months must be discharged. But in this case, we will give him an honorable discharge," Yustiono told The Jakarta Post.

Agus, 23, had been sentenced to four years in prison by the Jakarta Military Tribunal, which also fined him Rp 10 million and ordered his discharge from the Army.

The tribunal found Agus guilty of violating Article 78 (1) of Law No. 22/1997 on narcotics, which carries a maximum sentence of 10 years imprisonment, as well as Article 62 of Law No. 5/1997 on psychotropic substances, which carries a maximum sentence of five years.

Agus' defense council Col. Afandi said recently that the panel of judges who heard Agus' appeal ruled last Friday that the appellant deserved a lighter punishment on the grounds that he was still young and was not in possession of drugs.

West Jakarta Police apprehended Agus, a member of the Army Special Forces (Kopassus) Group IV, and his friend in a hotel room in West Jakarta in August of last year. From the two men the police seized a matchbox containing three small packets of crystal methamphetamine, locally called shabu-shabu, and a packet of marijuana, which fell out of Agus' right pocket.

The police also found 1.6 kilograms of shabu-shabu, 6,218 ecstasy pills, 27.9 grams of heroin and 25 packets of valium pills in a large black bag which was hidden in a cabinet in the hotel room.

Agus, however, denied that the incriminating items belonged to him.

Yustiono said Agus had been given 14 days to consider a further appeal or to accept the sentence. Pending his decision, Agus will be returned to his unit from Jakarta military police custody.

If Agus accepts the appeals court verdict, he will serve the remainder of his sentence in the military penitentiary in Cimahi, Yustiono said.

Separately, the commander general of Kopassus Maj. Gen. Amirul Isnaini said he was unsure as to whether to assign duties to Agus during his brief return to his unit.

Amirul asserted, however, that Agus would not receive a command brevet and, therefore, did not deserve to belong to the corps.

Amirul also said that Kopassus would not intervene in the legal process in Agus' case. (02)