Wed, 28 Dec 2005

Soldier gets 6 years for killing civilian

Nethy Dharma Somba, The Jakarta Post, Jayapura

The Jayapura Military Court on Tuesday sentenced a soldier to six years in jail for killing a civilian in Papua. The soldier was also dishonorably discharged from the Army.

Presiding judge Maj. Sutrisno said Pvt. Zulkarnaen Lubis, a 31-year-old member of the 643rd Infantry Battalion, was guilty of shooting and killing a sawmill employee, Liborius Oka, 33, during a fight on Dec. 1 in a housing complex in Asiki district, near the border with Papua New Guinea.

Sutrisno said Zulkarnaen had disgraced the Indonesian Military by his actions, which also threatened to spark conflict between the military and ordinary Papuans.

"He (the defendant) demonstrated his arrogance by using his firearm in dealing with a personal matter," the judge said.

The verdict was a year lighter than the seven years demanded by military prosecutors, who charged Zulkarnaen with violating Article 338 of the Criminal Code on manslaughter, which carries a maximum sentence of 20 years in jail. The defendant also was charged under Article 351 on assault, which is punishable by a maximum jail sentence of two years and eight months.

The incident occurred when Zulkarnaen was serving at a border post in Boven Digoel regency, along with Pvt. Rosadi, Pvt. Rusbianto and their commander, Sgt. Roni. The four soldiers received a complaint that Liborius had attempted to break into a house near the border post.

As the four soldiers were heading to Liborius' home, they ran into his wife, Hana, and their son, Eko. At gunpoint, Zulkarnaen demanded that Hana tell him where her husband was.

Liborius, who was hiding nearby, attempted to intervene and was allegedly assaulted by Pvt. Rosadi, 28, who is being tried separately in the case.

The victim attempted to defend himself and was shot and killed by Zulkarnaen, allegedly after going for the soldier's gun.