JAKARTA - The Jakarta Military Court II-08, Cakung, East Jakarta, rejected a request for compensation (restitution) to the victim in the shooting case of a car rental boss that occurred at the KM45 rest area, Tangerang-Merak Toll Road, Tangerang Regency, Thursday, January 2.
This was revealed by the Chief Judge, Lieutenant Colonel Chk Arif Rachman, during the trial of reading the defendant's verdict at the Jakarta Military Court, Tuesday, March 25.
"That based on the request for restitution submitted by the applicant through the military oditur, the panel of judges is of the opinion that they cannot grant the restitution request that is charged to the defendants as in the demands of the military oditur," said Arif, confiscated by Antara.
Arif said the decision considered that the defendant was unable to pay the request for restitution for the family of the deceased, namely Ilyas Abdurrahman and the seriously injured victim, namely Ramli.
The three defendants, namely the defendant one on behalf of the Head Classi (KLK) Bambang Apri Atmojo, the defendant two Second Sergeant Akbar Adli and the defendant three First Sergeant Rafsin Hermawan.
"Considering that the defendants were unable to pay, they remained attached to the defendants and did not rule out the possibility that one day the defendants or third parties could resolve it," he said.
Likewise to the families of the victims who died and were seriously injured by this restitution, it is possible to file a new lawsuit on a civil basis in the future.
In addition, according to the panel of judges, the restitution proposals charged to the three defendants were inappropriate because this case was also related to other defendants such as Isra alias Ires (39) and Ajat Supriatna (29).
The panel of judges assessed that it was found that several components should not be included in the amount of restitution, namely the payment of all monthly installments for rental cars (rental) that did not include compensation related to loss of wealth.
This is as stated in Article 4 letter a of the Supreme Court Regulation (Perma) Number 1 of 2022.
Then, the amount of restitution is also considered inappropriate because its value is based on the value of restitution for victims of criminal acts of terrorism. Meanwhile, this case is not a case of terrorism.
Then, the panel of judges did not grant the request for restitution because the three defendants had been sentenced to basic crimes and additional crimes of dismissal from military service as demanded by the previous military apparatus.
Previously, the military apparatus demanded that the three defendants members of the Indonesian Navy (AL) in the case of shooting the car rental boss at the KM45 rest area, the Tangerang-Merak Toll Road to pay compensation (restitution) to the victim.
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The defendant, one on behalf of the Head of Classi (KLK) Bambang Apri Atmojo, was required to pay restitution to the family of the late Ilyas Abdurrahman (rental boss) amounting to Rp209.6 million. Meanwhile, Ramli's brother, the injured victim, amounted to Rp146.4 million.
The defendant two Senior Sergeant Akbar Adli was charged with paying restitution of Rp. 147 million to the family of the late Ilyas Abdurrahman and Ramli's family amounting to Rp. 73 million.
Meanwhile, the third defendant, First Sergeant Rafsin Hermawan, was required to pay restitution to Ilyas Abdurrahman's family in the amount of Rp. 147 million and Ramli's family in the amount of Rp. 73 million, subsidiary to three months in prison.
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