JAKARTA - The panel of judges at the South Jakarta District Court (PN) has ruled that two police officers accused of the unlawful killing of members of the Islamic Defenders Front (FPI) are free from criminal penalties even though the prosecutor's primary charge is proven.
The actions of Police Brigadier One (Briptu) Fikri Ramadhan and Police Inspector Two (Ipda) Mohammad Yusmin Ohorella cannot be criminalized because they fall into the category of forced defense and forced defense that exceeds the limit.
"Thus, First Brigadier Fikri and Ipda Yusmin cannot be sentenced for reasons of justification and forgiveness," said Chief Justice M. Arif Nuryanta in a verdict read out during a trial at the South Jakarta District Court, Jakarta, Antara, Friday, March 18.
In his judgment, the judge explained that the reason for justification erased the unlawful acts committed by First Brigadier Fikri and Ipda Yusmin, while the excuse for forgiveness erased the guilt of the two policemen.
The defendant's unlawful act was taking the lives of other people by shooting four FPI members in a police Xenia car on December 7, 2020. The criminal act, as regulated in Article 338 of the Criminal Code, is included in the prosecutor's primary indictment.
Related to that, the panel of judges is of the opinion that all elements in the prosecutor's primary indictment are proven, but the act is an attempt to defend themselves. Thus, the two policemen could not be punished, so they were released from all lawsuits.
The panel of judges also ordered that the abilities, rights and dignity of the two police officers be restored. Furthermore, the panel of judges ordered a number of evidences to be returned to the Polda Metro Jaya, to the families of the victims, and the rest to be destroyed.
After hearing the judge's decision, the Coordinator of the Legal Advisory Team, Henry Yosodiningrat, said that his party accepted the decision. "Thank God, we accept the verdict," said Henry.
Meanwhile, the public prosecutor, who was represented by prosecutor Fadjar, said that his party would consider the decision.
The police shot dead six FPI members in two different locations in December 2020, namely Luthfi Hakim (25), Andi Oktiawan (33), Muhammad Reza (20), Ahmad Sofyan alias Ambon (26 years), Faiz Ahmad Syukur (22), and Muhammad Suci Gadavi (21).
The shooting of two of them, namely Lutfi and Andi, was an effort to enforce the law and defend themselves, according to the panel of judges. The panel of judges also ruled that the shooting of the remaining four was an attempt to defend themselves from the police.
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