Reasons why judge increased sentence for Serka Nasir in bank branch manager case

The Panel of Judges at the Military Court II-08 Jakarta has handed down a heavier sentence than the indictment for the first defendant, Serka Mochamad Nasir, in the case involving the alleged kidnapping and murder of a bank branch manager, identified by the initials MIP (37).

“The defendants’ actions were so heavy and heinous that the general social psychological condition, and specifically the psychological condition of the victim’s family, must be restored by imposing a punishment on the defendants that is commensurate with their actions,” stated Chief Judge Colonel Chk Fredy Ferdian Isnartanto during the verdict reading at the Military Court II-08 Jakarta, East Jakarta, on Wednesday.

Defendant Serka Nasir was sentenced to 13 years in prison, which is one year heavier than the sentence demanded by the Military Prosecutor. The panel of judges noted that the increase in punishment was decided after considering several aggravating factors.

The defendants’ actions not only took the victim’s life but also left a significant psychological impact on the victim’s family and the community. In addition to assessing the cruelty of the act, the judges highlighted the fact that the victim, who was already in a weak and helpless state, was left to suffer for hours inside a vehicle.

The judges ruled that the defendants deliberately failed to provide assistance to the victim. Instead, the victim was abandoned on the roadside in a deserted paddy field area until death eventually occurred. Such actions were also deemed to damage the image of the Indonesian Army (TNI AD) in the eyes of the public, as they contradict the spirit of maintaining good relations between the military and the people.

Specifically, the judge assessed that the first defendant bore a greater responsibility than the other defendants. As the most senior soldier with military training and skills, the first defendant instead used his capabilities in a series of actions that resulted in the loss of the victim’s life.

The panel of judges declared that Serka Nasir was proven legally and convincingly to have committed the crime of murder in conjunction with others, while the other two defendants were proven to have committed kidnapping in conjunction with others.

Although there were several mitigating factors, such as the defendants’ cooperative attitude during the trial, their remorse, and the fact that they had no prior criminal records, the judges determined these were insufficient to reduce the gravity of the crime.

In the final verdict, the panel sentenced the first defendant, Serka Mochamad Nasir, to 13 years in prison; the second defendant, Kopda Feri Herianto, to seven years; and the third defendant, Serka Frengky Yaru, to one year. The first and second defendants were also subject to the additional penalty of dishonourable discharge from military service. Furthermore, the first defendant was ordered to pay restitution of Rp750 million, while the second defendant was ordered to pay Rp500 million.