Defendant Of Ditlatsar Persecution Menwa Sentenced To 2 Years In Prison, Prosecutor Appeal

SURAKARTA - The Public Prosecutor (JPU) of the Surakarta District Prosecutor's Office has made an appeal against the verdict of the local District Court (PN) judge against two defendants in the case of mistreatment of the UNS Student Regiment Basic Training Education (Diklatsar Menwa) activities.

"The Prosecutor's Office, through the Public Prosecutor's Office, has submitted an appeal against the judge's verdict of two years in prison against defendant I Nanang Fahrizal Maulana (22) and defendant II Faizal Pujut Juliono (22), which has been submitted to the Surakarta District Court this Wednesday," said Head of the Special Crimes Section of the Surakarta Kejari, Cahyo. Madiastrianto was quoted by Antara, Wednesday, April 6.

"We are making an appeal regarding the judge's verdict against the two defendants in the UNS Menwa Diklatsar case, in the trial at the Surakarta District Court, on Monday (4/4), because there were elements of persecution," said Cahyo.

This, said Cahyo, is different from the prosecutor's demands in what is proven by Article 351 paragraph (3) of the Criminal Code in conjunction with Article 55 paragraph (1) of the 1st Criminal Code. With a prison sentence of seven years. The judge in sentencing the two defendants used Article 359 of the Criminal Code junto Article 55 paragraph (1) 1 of the Criminal Code with a sentence of two years in prison.

The Public Prosecutor still respects the judge's decision, but there is an appeal to defend his claim, under Article 351 paragraph (3) of the Criminal Code with a maximum of seven years in prison.

"The prosecutor's appeal was also carried out by considering the incriminating because the two defendants did not admit their actions and were complicated in the trial and both caused the lives of other people to be lost which could not be replaced," said Cahyo.

The Public Prosecutor believes that the appeal, he said, is based on facts other than the existing evidence, as well as the facts revealed at trial. The Public Prosecutor still believes that the element of persecution is evidenced by Article 351 paragraph (3) of the Criminal Code.

"This appeal is the right of the public prosecutor and the defendant, within seven days. The PN will follow up and will go to the High Court (PT), what is the decision if there is another legal action to the Supreme Court (MA)," he said.

Previously, the panel of judges had sentenced the defendant I Nanang Fahrizal Maulana (22) and the defendant II Faizal Pujut Juliono (22), to the trial of the UNS Student Regiment Basic Training Education (Diklatsar Menwa) activity, at the Surakarta District Court, Monday (05/18/2019). 4/4).

At the trial chaired by Suprapti as chairman and members of Lucius Sunarno and Dwi Hananto in the verdict stated that Defendant I and Defendant II were legally and convincingly proven to have committed the crime of participating because negligence caused another person to die.

According to the Chair of the Panel of Judges, Suprapti, this is as and the alternative charges are in accordance with Article 359 of the Criminal Code and sentenced the two defendants to imprisonment for two years each.

In the case of the mistreatment of the UNS Menwa Education and Training activity that caused the participant, Gilang Endy Saputra (21), to die, the Public Prosecutor's Office for the City of Surakarta previously demanded that the two defendants in the persecution case against Nanang Fahrizal Maulana and Faizal Pujut Juliono be sentenced to 7 years in prison. The Prosecutor believes that the two defendants committed acts as alleged in Article 351 paragraph (3) of the Criminal Code jo. Article 55 paragraph (1) 1 of the Criminal Code.