'Self-defense' could end in murder charge
By Emmy Fitri
JAKARTA (JP): A robbery victim became a murder suspect after he reportedly shot dead one of four men attempting to rob him in front of a Bank of Central Asia ATM booth in Pondok Indah, South Jakarta in the early hours of Wednesday.
In light of this recent turn of events, the question being raised by the public is how they can defend themselves against crime without fear of prosecution.
Ari Sutanto, a 32-year-old plywood businessman, is being held by Pondok Indah Police after officers could not find sufficient evidence to support his claim of acting in self-defense.
South Jakarta Police chief of detectives Comr. Napoleon Bonaparte said Ari did not shoot in self-defense as the robber was believed to have run away shortly after Ari pulled out his gun and fired shots into the air.
"The distance between Ari and the robber was about five meters and he shot the robber when the man ran.
"The victim, identified as KCD, was fatally wounded in the back and the back of his leg," Napoleon told The Jakarta Post on Friday.
Article 49 of the Criminal Code states that a person cannot be prosecuted for acting in self-defense. That is, if a victim feels that his or her life is endangered as they are threatened at close range, or in reflex, Napoleon said.
Asked to comment on the case, lawyer Hotman Paris Hutapea said he disagreed with the police for laying murder charges against Ari.
He said that Ari had a license for the pistol and to obtain it he had to pass a series of tests, including a psychology test and a reflex reaction test.
"A weapon ownership license is for people who want self- protection. Ari was apparently defending himself. It's a spontaneous act. It would be different if he chased the robber for days and shot him in retaliation," said Hotman, who said he brought his Walter pistol with him wherever he goes.
Hotman said he bought the gun because he felt the need to protect himself and his family.
"I saw an incident once at the Coca-Cola intersection (in Cempaka Putih, Central Jakarta), where a car was being robbed and the passengers inside the car were in hysterics. Did the police come in time to help them? I don't think so," Hotman said.
"Even when I sleep, I keep my pistol under my pillow."
Separately, Jakarta Police spokesman Sr. Comr. Anton Bachrul Alam said that everybody had the right to protect themselves, especially from crime.
"But one should only shoot to paralyze the criminal, not kill him," Anton added.
He said that Ari could be charged with violating Article 338 on murder, which carries a maximum penalty of 15 years imprisonment.
He said he was aware that to many people, any crime, even a petty one, could be upsetting.
However, statistics show that many people do not trust the police to handle criminal offenders and they often take the law into their own hands.
"Give the police a chance to enforce the law. The public should be able to protect themselves, but don't break the law by doing so," Anton said.
In a crowded public place, shouting is the most effective method of self-protection as it draws attention, Anton said, adding that the public should also learn to report crimes to police when they witness one.
"It is also a matter of public sensitivity. Report the crime to us and we will immediately help," Anton stressed without acknowledging the fact that many people do not trust the police.