'Self-defense' could end in murder charge

'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.