KUPANG - The legal advisory team (PH) of 17 defendants in the case of abuse that led to the death of Prada Lucky Namo rejected the demands of the Military Audit which demanded a sentence of 9 and 6 years in prison accompanied by additional penalties in the form of dismissal from the military service of the Army Cq TNI.
The rejection was conveyed in a defense note (pledoi) read at the continuation of the trial at the Military Court III-15 Kupang, East Nusa Tenggara (NTT), Wednesday (17 December).
The defendant's legal advisory team consists of Lieutenant Colonel I Ketut S, Major Gatot Subur, Captain Indra Putra, and Lieutenant Chk Benny Suhendra Las Baun. The defense note was read in turn by the legal advisers in the trial led by the Chairman of the Panel of Judges, Major Chk Subiyanto, accompanied by Lieutenant Colonel Chk Alex Pandjaitan and Major Chk Wasinton Marpaung as members of the judges.
In his plea, the legal advisory team assessed that the trial process should proportionally measure the level of guilt and criminal responsibility of each defendant.
"Based on the facts revealed in the trial and legal research, we as legal advisers to the defendant do not want to obscure, but rather ask the honorable panel of judges to give objective consideration by looking at all the evidence and facts of the trial, and not basing the verdict on intervention, including public opinion," said Letda Benny Suhendra when reading the defense note reported by Antara, Wednesday, December 17.
Legal advisors assessed that the criminal demands of 9 and 6 years in prison plus dismissal from the TNI AD service did not reflect a sense of justice and humanity for the defendants and their families. They argued that, based on the facts of the trial, the beating that occurred was carried out in the context of disappointment and an attempt to train the victim not to repeat behavior that was considered deviant.
During the trial, the legal advisor also revealed the results of the victim's examination regarding the alleged sexual misconduct that the victim said had been committed since he was still a civilian until he became a member of the TNI. The identity of the victim's partner was also mentioned in the trial.
The legal advisory team assessed that the military's oditur demands tend to be influenced by public opinion and do not fully consider the facts revealed at the trial.
"The purpose of criminal law is not merely to provide retribution, but in modern criminal law it is more focused on coaching so that a person does not repeat his actions later," said the legal advisor.
They also emphasized that there was no evidence that the defendants had any ill intent or intention to cause the victim's death. According to them, the defendants' intention was solely to nurture the victim.
"It is true that there has been a beating that resulted in the victim's death, but this cannot necessarily be categorized as intentional death as charged in Article 131 paragraph (1) in conjunction with Article (3) of the Criminal Procedure Code in conjunction with Article 55 paragraph (1) of the Criminal Code," said the legal advisor.
In addition, the PH team asked the panel of judges to consider the cooperative attitude of the defendants during the legal process, a track record that has never been convicted, as well as the integrity and performance of the defendants during their service.
At the end of the pleidoi, the legal advisory team asked the panel of judges to accept the defense note, reject the military oditur demands, declare the defendants not legally proven and convincingly guilty, and acquit the defendants of all charges and demands.
They also rejected the restitution demands submitted by the military prosecutor and asked that the defendants be released from custody.
"If the panel of judges thinks otherwise, we ask for the fairest decision," said Letda Benny Suhendra closing the defense.
Previous SessionIn the trial before the trial held on December 4, 2025, a total of 17 defendants in the case of persecution to kill Prada Lucky Namo, were sentenced to 9 and 6 years in prison, accompanied by additional penalties in the form of dismissal from the military service of the Cq TNI Army.
The demands were read by the Military Auditor, consisting of Lieutenant Colonel Chk Yusdiharto, Lieutenant Colonel Chk Alex Pandjaitan and Major Chk Wasinton Marpaung.
A total of 17 defendants, namely
1. Sertu Thomas Desamberis Awi
2. Sertu Andre Mahoklory
3. Pratu Poncianus Allan Dadi
4. Pratu Abner Yeterson Nubatonis
5. Sertu Rivaldo De Alexando Kase
6. Pratu Imanuel Nimrot Laubora
7. Pratu Dervinti Arjuna Putra Bessie
8. Lt. Inf. Made Juni Arta Dana
9. Pratu Rofinus Sale
10. Pratu Emanuel Joko Huki
11. Pratu Ariyanto Asa
12. Pratu Jamal Bantal
13. Pratu Yohanes Viani Ili
14. Serda Mario Paskalis Gomang
15. Pratu Firdaus
16. Letda Inf. Achmad Thariq Al Qindi Singajuru, S.Tr. (Han)
17. Pratu Yulianus Rivaldy Ola Baga
Of the 17 defendants, two of them, namely Letda Inf. Made Juni Arta Dana and Letda Inf. Achmad Thariq Al Qindi Singajuru S.Tr. (Han), both of whom are platoon commanders (danton), are charged with 9 years in prison on the main offense minus the temporary detention period, and additional punishment in the form of dismissal from the military service of the Cq TNI AD.
Meanwhile, the other 15 defendants were sentenced to 6 years in prison on the main offense, minus the temporary detention period, and an additional penalty in the form of dismissal from the military service of the Cq TNI AD.
The military audit refers to Article 131 of the Military Criminal Code (KUHPM) which regulates the persecution by the military against subordinates, and from the facts of the trial, both the defendant's testimony, witnesses, experts and evidence of clues that indicate the existence of a crime and meet the elements.
Oditur also included additional criminal restitution for the military, which refers to the obligation of military perpetrators to provide direct compensation to victims, each defendant is required to pay more than IDR 32 million, so that the total reaches more than IDR 544 million.
The case of alleged severe persecution that resulted in the death of Prada Lucky Namo involved 22 defendants packaged in three Investigation Reports (BAP), namely the BAP of one defendant (Danki A), BAP 17 defendants, and BAP of four defendants.
Case No. 40-K/PM.III-15/AD/X/2025 with defendant Danki A Yonif TP 834/WM Lettu Inf Ahmad Faisal, case No. 41-K/PM.III-15/AD/X/2025 with 17 defendants, and case No. 42-K/PM.III-15/AD/X/2025 with four defendants, namely Sertu Thomas Desamberis Awi, Sertu Andre Mahoklory, Pratu Poncianus Allan Dadi, and Pratu Rofinus Sale.
At the hearing held on December 11, 2025, Lettu Inf Ahmad Faisal was sentenced to 12 years in prison on the main offense, minus the temporary detention period, and an additional penalty in the form of dismissal from the Cq TNI AD military service, as well as a restitution penalty of Rp. 561 million.
On the same day, a trial was also held against four defendants, namely Sertu Thomas Desamberis Awi, Sertu Andre Mahoklory, Pratu Poncianus Allan Dadi, and Pratu Rofinus Sale.
The four defendants were sentenced to 6 years in prison on the main offense, reduced by the temporary detention period, and additional penalties in the form of dismissal from the Cq TNI AD military service, as well as a restitution penalty of more than Rp. 544 million, so that each defendant was charged with more than Rp. 136 million.
The continuation of the trial with the agenda for the plea for Case No. 40-K/PM.III-15/AD/X/2025 with the defendant Danki A Yonif TP 834/WM Lettu Inf Ahmad Faisal, and Case No. 42-K/PM.III-15/AD/X/2025 with four defendants, is scheduled for Wednesday (17/12/2025) afternoon.
Prada Lucky was abused by his seniors at the 834/Wakanga Mere Territorial Development Battalion in Nagekeo Regency, East Nusa Tenggara (NTT). He was treated at the health center and then referred to the hospital until he breathed his last on August 6, 2025.
Meanwhile, the pattern of harsh training that resulted in the death of the victim was said to be related to allegations of sexual deviation (LGBT) involving Prada Lucky and Prada Richard, and other parties outside the TNI institution.
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