These Two Terms Can Make Apostasy, The Killers Of 2 Robbers In NTB Escape From The Shackles Of The Law

Head of the Consortium for Indonesian Law Enforcement (KOPHI) Rudy Marjono/ Photo: IST

JAKARTA – The incident of Amaq Sinta (34) alias Murtade (34) who was named a suspect for killing two robbers in West Nusa Tenggara (NTB) has been in the spotlight of a number of legal observers.

The chairman of the Consortium for Indonesian Law Enforcement (KOPHI) Rudy Marjono said that the efforts of victims of robbery to fight until the perpetrators were killed were not new and this case had happened several times and was repeated.

“It happened several times and it happened again. And it can be proven whether the victim took the fight because of overmacht or because of noodweer excesses, meaning blind defense due to extreme fear, or panic that is difficult to control," said Rudy Marjono as a legal practitioner, Sunday, April 17.

Rudy considered that when the victim was named a suspect in a robbery murder case, for Rudy it was a normative matter.

“The determination of the victim as a suspect (at that time) was only a normative matter, that it was against the law to kill another person. It is only up to the court whether the victim in question will be released from lawsuits because the defense is forced to overmacht or noodweer excesses." Obviously Rudy Marjono.

Rudy argues, noodweer excesses or self-defense that exceeds the limit is also a reason for a suspect or defendant to commit a crime. This, continued Rudy, cannot be punished as stipulated in Article 49 paragraph (2) of the Criminal Code, which reads that a forced defense that exceeds the limit is directly caused by severe mental shock due to the attack or threat of attack, not being punished.

"If a person's actions fulfill all the elements of a criminal offense but he cannot be sentenced because of noodweer excesses as formulated in Article 49 paragraph (2) of the Criminal Code, he must meet three conditions, namely, (1) a limited defense that exceeds the limit; (2) the defense which is directly caused by a great agitation of the soul; (3) the defense is due to an attack or threat of attack.” concluded Rudy.

The West Nusa Tenggara (NTB) Police have issued a Termination of Investigation Order (SP3) against Murtede alias Amaq Sinta (34), a victim of robbery who has been named a suspect. Amaq Sinta is now free from this case.

The resident of Change Village, East Praya District, Central Lombok expressed his gratitude to all the people who sided with him as a victim of the robbery.

"I thank all the people who have provided support so that I can be released today before the trial," said Amaq Sinta, Sunday, April 17.

Amaq Sinta admitted that he and his family were happy with the issuance of the SP3, so that he could return with his wife and two children and his extended family. And he can return to his usual activities, namely being a farmer.