Maretha Uli, Jakarta – An ethics probe has recommended that the National Police pursue criminal charges against seven Mobile Brigade (Brimob) officers on board a tactical vehicle that hit and killed a motorcycle taxi (ojol) driver in a violent protest last week.
The case involved Brig. Rohmat who drove the vehicle that killed 21-year-old ojol driver Affan Kurniawan in Bendungan Hilir, Central Jakarta, last Thursday. Comr. Cosmas Kaju who sat beside him as commanding officer along with five other policemen in the back of the vehicle.
All of them were recommended to face criminal investigation, said Muhammad Choirul Anam, who represented the National Police Commission (Kompolnas), the police external oversight body, in the Tuesday session to review the ethics probe into the seven officers by the Internal Affairs Division (Propam).
"The review session found indications of [criminal] offenses, which is why it recommended [that the police launch a criminal] investigation into all seven officers," Anam told The Jakarta Post on Tuesday.
Propam does not have the authority to pursue criminal charges, but it can provide the Criminal Investigation Department (Bareskrim) with evidence of any wrongdoing it unearths in its investigation.
National Commission on Human Rights (Komnas HAM) commissioner Saurlin Siagian, who was also involved in the review, said that the criminal case "will be handed over to the Bareskrim".
National Police spokesperson Brig. Gen. Trunoyudo Wisnu Andiko only referred to Kompolnas and Komnas HAM statements when asked by the Post about the review, without providing additional comment.
The police have scheduled ethics hearings for Cosmas on Wednesday and Rohmat on Thursday.
Propam's head of accountability Brig. Gen. Agus Wijayanto previously said that its investigation found indications of "serious ethics violations" committed by Rohmat and Cosmas that potentially resulted in a dishonorable discharge.
Criminal law expert Hibnu Nugroho of Jenderal Soedirman University (Unsoed) said the driver and the commanding officer could be charged for murder under the Criminal Code.
"This is clearly a criminal case because it resulted in death, with the driver continuing to drive instead of stopping after running over the victim," he told the Post.
"While the driver is responsible [for the incident], the commander above him must also be held accountable, as the police operate under a chain of command in which accountability extends to higher-ranking officers," he said.
Lawmakers' lavish housing allowance and their perceived arrogance angered people and sparked demonstrations in front of the House building early last week, before Affan's death on Thursday night quickly escalated the outrage into nationwide protests and riots.