Defence counsel requests separation of case files for defendants in bank branch manager murder case

Jakarta (ANTARA) - The legal representatives of the defendants in the alleged kidnapping and murder case of the bank branch head (kacab) with initials MIP (37) have requested that the case files for the defendants be separated.

“After we examined and reviewed the contents of the Indictment Letter from the Military Prosecutor II-07 Jakarta Number Sdak/49/K/III/2026, in this case (in casu), it would be more appropriate to split or separate the case files into several files,” said the legal team led by Lieutenant Colonel Chk Nugroho Muhammad Nur at the Military Court II-08 Jakarta, Cakung, East Jakarta, on Monday.

The defendants, namely Serka MN (defendant 1), Kopda FH (defendant 2), and Serka FY (defendant 3), are accused of being involved in a series of kidnappings accompanied by the murder of MIP.

In the continuation of the hearing for reading the objection note or exceptions from the defendant’s side, Nugroho assessed that combining the cases into one file does not reflect a sense of justice and legal certainty.

This is considering the differences in roles and contributions of each defendant in the case.

“The differences in the roles of the defendants are very significant, so combining the cases actually does not reflect certainty and a sense of justice,” explained Nugroho.

In addition to the issue of separating files, the legal team also criticised the substance of the indictment, which they deemed does not meet formal and material requirements.

They stated that the indictment does not describe the facts carefully, clearly, and completely as required by military criminal procedure law. The main focus is directed at the indictment against the third defendant.

The legal representatives assessed that there is an error in the application of the article, where the indictment does not specifically explain the involvement of the defendant in the charged criminal act.

In the indictment letter, it is stated that there is no firm description regarding whether the third defendant was involved in premeditated murder, murder carried out jointly, assault resulting in death, or deprivation of liberty against the victim.

“The indictment against the third defendant is not on target because it is not supported by a clear factual description related to the charged act. This condition is assessed as a form of legal subject error or error in persona,” emphasised Nugroho.

Another Military Prosecutor, Major (Chk) Wasinton Marpaung, stated that in this case, the three soldiers who are defendants are Serka MN (defendant 1), Kopda FH (defendant 2), and Serka FY (defendant 3).

The three are alleged to have been involved jointly in a series of actions from kidnapping to the murder of victim MIP.

For the first defendant Serka MN, the prosecutor has compiled layered indictments. In the first indictment, MN is charged under Article 340 of the KUHP jo Article 55 paragraph (1) first of the KUHP as the primary indictment. This article regulates premeditated murder carried out jointly.

As an alternative, Serka MN is also indicted under Article 338 of the KUHP jo Article 55 paragraph (1) first of the KUHP as subsidiary, and Article 351 paragraph 3 of the KUHP jo Article 55 paragraph (1) first of the KUHP as more subsidiary.

“In addition, there is an alternative indictment under Article 333 paragraph 3 of the KUHP regarding deprivation of liberty that causes death,” said Wasinton.

Not only that, MN is also subject to a cumulative indictment under Article 181 of the KUHP related to the alleged concealment of the victim’s body.

Meanwhile, the second defendant Kopda FH is also indicted in a similar pattern, namely Article 340 of the KUHP as the primary indictment, with alternatives under Article 338 and Article 351 paragraph 3 of the KUHP. FH is also charged with an alternative indictment under Article 333 paragraph 3 of the KUHP.

The same applies to the third defendant, Serka FY, who is indicted with an almost identical construction of articles, from premeditated murder to deprivation of liberty causing death.

The continuation hearing for reading the defendant’s exceptions in the alleged kidnapping and murder case of a bank branch head (kacab) with initials MIP (37) involving a TNI soldier began at 10:10 WIB.

These exceptions are submitted due to discrepancies in the description of the indictment or if the defendant believes there is a fundamental error, such as an error regarding a person (error in persona) or issues of court jurisdiction.

Through these exceptions, the defendant’s side questions the validity of the indictment before entering the proof stage.

The panel of judges will later consider the content of the exceptions before deciding whether the indictment can proceed to the proof stage or not.

If the exceptions are rejected, the hearing will continue with the agenda of witness examination and proof.

Based on the Case Search Information System (SIPP) page of the Military Court II-08 Jakarta, the hearing falls under the type of murder case with case number 52-K/PM.II-08/AD/III/2026.

In that hearing, the Military Prosecutor as the public prosecutor in the military court presented the three defendants directly at the Military Court II-08 Jakarta.

The defendants, namely Serka MN (defendant 1), Kopda FH (defendant 2), and Serka FY (defendant 3), are accused of being involved in a series of kidnappings accompanied by the murder of MIP.

The Chief Judge in today’s hearing is Colonel Chk Fredy Ferdian Isnartanto, Member Judge I is Colonel (Navy) Desman Wijaya, Member Judge II is Lieutenant Colonel Chk Arif Rachman.