Military Prosecutor States Three TNI Defendants Not Proven to Have Planned Bank Branch Manager's Murder

Jakarta (ANTARA) - The Military Prosecutor from Military Prosecutor’s Office II-0mathfrak Jakarta, Major Chk Wasinton Marpaung, stated that three Indonesian National 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, subsidiary I, and subsidiary II charges. Based on the facts from this trial, 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 murder of MIP was carried out spontaneously. Consequently, the charges against the three TNI members serving as defendants have become lighter than the original indictment. However, he stated that the defendants were nonetheless found legally and convincingly guilty of committing the criminal acts as previously charged.

Wasinton explained that based on all trial facts, witness testimonies, evidence, and the panel’s conviction, the defendants were deemed to have met the criminal elements in 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 committed jointly.

In addition to the murder charge, Defendant 1 was also found guilty of the crime of concealing a corpse with the intent to hide the victim’s death, as regulated under Article 181 of the KUHP in conjunction with Article 55 paragraph (1) 1st of the KUHP. Wasinton noted that concealing the body was part of a series of criminal acts aimed at erasing traces of the victim’s death following the incident.

Meanwhile, for Defendants 2 and 3, the Military Prosecutor stated that both were proven to have committed the crime of unlawful deprivation of liberty resulting in death, as regulated under Article 333 paragraph (3) of the KUHP in conjunction with Article 55 paragraph (1) 1st of the KUHP. The indictment stated that these actions were carried out jointly, leading to the loss of the victim’s life.

In the sentencing statement, the Military Prosecutor emphasised that the defendants had no justifying or excusing reasons for their actions. Therefore, all defendants are deemed to be legally accountable for their deeds.

During the sentencing hearing at the Military Court, Defendant 1, Serka Mochamad Nasir, was sentenced to 12 years in prison, minus time already served. Defendant 2, Kopda Feri Herianto, was sentenced to 10 years in prison, minus time already served, while Defendant 3, Serka Frengky Yaru, was sentenced to four years in prison.

Furthermore, Defendants 1 and 2 also face the additional penalty of dishonourable discharge from the TNI AD military service. During the trial, the Military Prosecutor stated that the motive behind the defendants’ criminal acts was to obtain money.