Judge seeks military's help to bring Agus Isrok to court

JAKARTA (JP): A West Jakarta District Court judge said on Monday that the plan to name alleged drug user Second Lt. Agus Isrok as a defendant in a civilian court would rest on the willingness of the country's military authorities.

"We don't have the authority to establish a civilian case for Agus.

"It's the authority of the country's high-ranking military officers to form a civilian court," Judge Hadi Lelana said in a hearing trying Donny Hendrian, Agus' alleged accomplice in a drug abuse case.

Judge Hadi was commenting on a demand by Donny's lawyer, Togar M. Sijabat, in Monday's hearing that the court bring Agus, a member of the Army's Special Force (Kopassus), to a civilian court in the spirit of establishing equality before the law in regard to Donny and Agus.

Article 89 of the Criminal Code Procedures stipulates that a crime committed by a civilian and a military officer together may be prosecuted and tried in a civilian court, except when the minister of defense, with approval of the minister of law and legislation, orders that the case be tried in a military court.

The judge said the district court would be ready to convene a civilian case if military authorities agreed to the proposal.

"The Supreme Court can then appoint judges at the district court to hold a court hearing (with Agus Isrok as a defendant)," he said.

Although Agus is a key witness in the case, he has not appeared at all at Donny's trial, which has had seven hearings to date.

Indonesia Military (TNI) Commander Adm. Widodo AS vowed last Thursday that TNI would accelerate the legal prosecution of the officer, who is also a son of former Army chief Gen. Subagyo Hadisiswoyo.

Monday's hearing presented two witnesses: Maj. Sam Budigusdian, former head of the West Jakarta Police's Operational Control Command, and former West Jakarta Police chief of detectives Maj. Idham Azis. Both were involved in the arrest of Donny and Agus.

Idham testified in Monday's hearing that Agus was a Kopassus member.

"One day after the arrest, I recognized him as a military member. Then I handed him over directly to the city military command," he told the hearing, also attended by Col. Adji Rustam Ramdja, chief of the West Jakarta police precinct.

Donny and Agus were arrested by dozens of detectives of the police precinct on Aug. 8 in room 408 of Hotel Travel on Jl. Mangga Besar in West Jakarta.

Agus identified himself as Deky Setiawan during the arrest, and the name Deky was written in the police report and was quoted by the prosecutor in the indictment.

The police report says the police seized 1.6 kilograms of shabu-shabu (crystal methamphetamine), 6,218 ecstasy pills, 27.9 grams of heroin and 25 sachets of Valium pills. Meanwhile, the public is skeptical about the possibility of Agus appearing as a witness.

Prosecutor Amirullah revealed that he had thrice sent summonses to Deky Setiawan to Deky's address in the West Java capital of Bandung, but had received no response.

Amirullah demanded the judge issue a written statement summoning Agus to appear in court, saying that the name of Deky Setiawan was fictitious.

"We have invited him based on the name stipulated in the police report and the indictment. We now need the judge's written statement to name Agus as a witness in court," he said after the hearing.

Judge Hadi vowed that he would issue a summons for Agus Isrok to appear in court.

But the judge insisted on using the name Deky Setiawan in the summons.

"I will refer to the name stipulated in the indictment," he said after the hearing.

The judge adjourned the hearing until next week to hear testimonies from other witnesses. (asa)