Lighter Sentences than Indictment: Military Prosecutor States Three TNI Soldiers Not Proven to Have Planned Bank Branch Manager's Murder

The Military Prosecutor from Military Prosecutor’s Office II-0CO Jakarta, Major Chk Wasinton Marpaung, stated that three Indonesian Army (TNI AD) defendants were not proven to have planned the murder of a bank branch manager, identified by the initials MIP (37).

“Several facts emerged during the trial regarding which legal facts were proven. The indictment included primary and subsidiary charges. Based on the facts presented in court, there was no initial intent to kill the victim,” said Wasinton following the sentencing hearing at the Military Court II-08 Jakarta on Monday.

According to Wasinton, the killing of MIP was carried out spontaneously. Consequently, the charges against the three TNI members have been reduced from the original indictment. However, the prosecutor stated that the defendants were still found legally and convincingly guilty of committing criminal acts as previously charged.

Wasinton explained that based on all trial facts, witness testimonies, evidence, and the panel’s conviction, the defendants met the criminal elements regarding the case that led to the death of MIP.

For Defendant 1, the Military Prosecutor stated that the individual was proven to have committed murder as regulated under Article 338 of the Criminal Code (KUHP) in conjunction with Article 55 paragraph (1) 1st of the KUHP. This charge relates to the intentional deprivation of another person’s life carried out jointly. Furthermore, Defendant 1 was also found guilty of concealing a corpse with the intent to hide the victim’s death, as regulated under Article 181 of the KUHP.

Wasinton noted that the act of concealing the body was part of a series of criminal acts aimed at erasing traces of the victim’s death following the incident.

As for Defendants 2 and 3, the Military Prosecutor stated that both were proven to have committed the crime of unlawful deprivation of liberty which resulted in the victim’s death. This act is regulated under Article 333 paragraph (3) of the KUHP in conjunction with Article 55 paragraph (1) 1st of the KUHP, involving actions carried out jointly that led to the loss of the victim’s life.