Trial Of Unlawful Killing Case Moved To South Jakarta District Court

Kapuspenkum AGO Leonard Eben Ezer Simanjuntak/ANTARA

JAKARTA - The trial of the alleged criminal act of killing members of the FPI Laskar at KM 50 of the Jakarta-Cikampek Toll Road by members of the National Police, also known as the "unlawful killing" case, was moved from the East Jakarta District Court to the South Jakarta District Court.

The Head of the Legal Information Center (Kapuspenkum) of the Attorney General's Office, Leonard Eben Ezer Simanjuntak, said that this transfer was stated in the Decree of the Supreme Court of the Republic of Indonesia Number 187/KMA/SK/IX/2021 dated September 16, 2021 regarding the appointment of the South Jakarta District Court to examine and decide criminal cases against the defendant Ipda M Yusmin Ohorella and the defendant First Brigadier Fikri Ramadhan.

"The General Prosecutor's Team of the Junior Attorney General for General Crimes at the Attorney General's Office and the South Jakarta District Attorney's Office have transferred two case files (splitsing) of alleged murder at KM 50 of the Jakarta-Cikampek Toll Road to the South Jakarta District Court," he said, quoted by Antara, Tuesday, 5 October.

With the issuance of the Decree of the Supreme Court of the Republic of Indonesia Number: 187/KMA/SK/IX/2021 dated September 16, 2021, the Decree of the Supreme Court of the Republic of Indonesia Number: 152/KMA/SK/VIII/2021 dated August 4, 2021 is revoked and declared invalid.

Furthermore, said Leonard, at around 13.00 WIB this afternoon, the two case files and the indictment in question had been transferred and received directly by the Junior Criminal Registrar of the South Jakarta District Court for each of the defendants.

Previously, last Monday (23/8), the Public Prosecution Team of the Deputy Attorney General for General Crimes at the Attorney General's Office had accepted the responsibility of delegating the suspect and evidence in the case of the suspect "unlawful killing" or phase II from the Criminal Investigation Body of the National Police.

After receiving the delegation of Phase II, the public prosecutor has prepared an indictment and based on the Decree of the Supreme Court of the Republic of Indonesia Number: 152/KMA/SK/VIII/2021 dated August 4, 2021 regarding the appointment of the East Jakarta District Court to examine and decide criminal cases on behalf of the defendant. Ipda Yusmin Ohorella and First Brigadier Fikri Ramadhan.

After the delegation, the prosecutor/public prosecutor immediately transferred the indictment and case files to the East Jakarta District Court for trial and legal certainty.

When asked for further information regarding the splitting of the delegation of the "unlawful killing" case from the previous one at the East Jakarta District Court and now to the South Jakarta Court, Leonard has not yet answered questions from the media crew.

Meanwhile, Public Relations of the East Jakarta District Court, Alex Adam Faisal, when confirmed regarding the transfer of the 'unlawful killing' case file to the South Jakarta District Court, Alex also said that the transfer was not confirmed, because the East Jakarta District Court had not registered the case.

"Every case that comes in must be registered. From there we know the case from detention, the panel of judges, the prosecutor who will try and the day of the trial," said Alex.

Alex added that if the South Jakarta District Court had been appointed, it would mean that the East Jakarta District Court would not hear the case.

"And definitely not on the register," said Alex.

Meanwhile, the Public Relations of the South Jakarta District Court, Suharno, has not yet provided an answer regarding the appointment of the South Jakarta District Court as the venue for the trial of the "unlawful killing" case.

"Tomorrow we will check first, yes, we are still in court, we need time to check," said Suharno.

Previously, Komnas HAM on January 8, 2021 had reported the results of an investigation into the deaths of 4 of the 6 members of the Islamic Defenders Front (FPI) which began with the aftermath of Rizieq Shihab on December 6-7, 2020.

At that time, members of the Police followed the group of FPI figures with their bodyguards in nine four-wheeled vehicles moving from Sentul to Karawang.

The results of the Komnas HAM investigation concluded that the shooting incident of the six laskars was a human rights violation.

According to the Commissioner of the National Human Rights Commission, Mohammad Choirul Anam, the shooting of the six Laskars was an "unlawful killing" because it was carried out without any effort to avoid casualties by the police.