Oditur Says 3 TNI Members Accused of Planning to Kill Bank Manager

Military Audit from the Military Audit II-07 Jakarta Mayor Chk Wasinton Marpaung (left) in the trial of the defendant's charges of kidnapping and killing the head of the branch (kacab) of the bank/ANTARA/Siti Nurhaliza

JAKARTA - The Military Audit from the Military Audit II-07 Jakarta Mayor Chk Wasinton Marpaung said that three accused TNI AD were not proven to have planned to kill the head of the branch (kacab) of the bank with the initials MIP (37).

"In the trial, several facts emerged, based on which legal facts were proven. The indictment has one, subsider I and subsider II. From this trial, from the facts, the original intention was not for that (killing the victim)," said Wasinton after the reading of the defendant's charges at the Military Court II-08 Jakarta, Monday, May 18, reported by ANTARA.

According to Wasinton, the murder of MIP was carried out spontaneously. Thus, the demands for the three TNI members who have the status of defendants are lighter than the indictment.

During the trial, it was stated that the defendants were proven to have legally and convincingly committed the crime as charged.

Wasinton explained that based on all the facts of the trial, witness statements, evidence, and the panel's conviction, the defendants were considered to have fulfilled the criminal elements in the case that killed the MIP victim.

For Defendant-1, the Military Audit said that the person concerned was proven to have committed the crime of murder as stipulated in Article 338 of the Criminal Code (KUHP) in conjunction with Article 55 paragraph (1) of the Criminal Code. The indictment is related to the act of deliberately taking the life of another person which is carried out together.

"Accused 1 was proven to have committed the crime of taking the life of another person intentionally, which was carried out together," said Wasinton.

In addition to the murder charge, defendant 1 was also found guilty of concealing the body with the intention of concealing the victim's death.

The act is said to have been carried out together or on their own as stipulated in Article 181 of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code.

According to Wasinton, the act of hiding the victim's body is part of a series of criminal acts that shows an attempt to eliminate traces of the victim's death after the incident took place.

Meanwhile, for defendants 2 and 3, the Military Audit stated that both were proven to have committed the crime of depriving someone of their independence against the law which resulted in the victim's death.

This act is regulated in Article 333 paragraph (3) of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code. In the indictment it is stated that the action was carried out together until the victim's life was lost.

"Whoever, intentionally and against the law, seizes the independence of a person, if it results in death, is committed jointly," said Wasinton.

In the description of the demands, the Military Audit Office emphasized that the defendants had no excuse or excuse for the acts committed. Therefore, all defendants are considered to be held legally responsible for their actions.

During the reading of the charges at the Military Court, the defendant, Serka Mochamad Nasir, was sentenced to 12 years in prison, minus the period of detention he had already served.

Then, defendant two, Kopda Feri Herianto, was sentenced to 10 years in prison, minus the period of detention he had served. Meanwhile, defendant three, Serka Frengky Yaru, was sentenced to four years in prison.

In addition, the defendants one and two are also charged with additional criminal offenses in the form of dismissal from the TNI AD military service. During the trial, the Military Audit Office said that the motive for the defendants to commit the crime was to get money.