Yogyakarta, Jubi – The Makassar District Court on Tuesday, May 31, 2022, sentenced six defendants in the attack on the Kisor Military Post in Maybrat Regency, West Papua.
The panel of judges, chaired by Chief Justice Franklin B Tamara with Member Judges Muh Yusuf Karim and Burhanuddin, sentenced them to 20 years and 18 years in prison, including three defendants who were allegedly minors.
The Kisor attack, which occurred on September 2, 2021, resulted in four Indonesian Military (TNI) soldiers dead, namely First Lt. Chb Dirman, Second Sgt. Ambrosius, Chief Pvt. Dirham, and First Pvt. Zul Ansari.
The six defendants were Maikel Yaam, Amos Ky, and RY (brought to court in case file number 70/Pid.B/2022/PN Mks), as well as MS, YW, and Agustinus Yaam (case file number 69/Pid.B/2022/PN Mks).
Since the beginning of the trial, the legal advisory team of the defendants has stated that RY, MS, and YW are minors, and requested that all three be tried in juvenile court. However, the panel of judges denied their request and continued the tribunal process in the adult court at the Makassar District Court.
The panel of judges finally declared the six defendants guilty of jointly committing first-degree murder, as stipulated in Article 340 of the Criminal Code in conjunction with Article 55 Paragraph (1) of the Criminal Code. Maikel Yaam, Amos Ky, and RY were sentenced to 20 years in prison, while MS, YW, and Agustinus Yaam were sentenced to 18 years in prison. These verdicts were lower than Public Prosecutor's demand, which was life imprisonment.
Although the verdict was lighter than the prosecutor's demands, Legal Aid Institute (LBH) Kaki Abu Sorong attorney Leonardo Ijie, the legal advisor for the six defendants, stated that his party objected to the verdict. Ijie, who attended the online hearing from Sorong, West Papua, highlighted the status of RY, MS, and YW who were minors but being tried in an adult court.
"From the beginning, we have asked the panel of judges to bring a doctor to determine the age of the three children. However, our request was ignored. Now, the three children have been convicted with the same punishment as those adult defendants," said Ijie when contacted by Jubi by telephone on Tuesday.
Ijie also considered the panel of judges ruled out the statements of a number of A de Charge witnesses. On April 6, 2022, the legal advisory team of six defendants presented Ayub Iek and Welmina Waymbewer. Ayub Iek explained that defendant MS was not at the Kisor Military Post on September 2, 2021, but with him in Susumuk Village studying at Aifat 2 Junior High School. Welmina Waymbewer also testified that on September 2, 2021, defendant YW was with her in Susumuk Village, not at the Kisor Post.
"On the other hand, the TNI soldiers who were presented as incriminating witnesses also testified in court that they did not see any defendants at the Kisor Post when the attack occurred on September 2, 2021. The panel of judges also ignored that and instead, considered the Minutes of Investigation which had been revoked by the defendants," said Ijie.
Ijie said his party would advise the six defendants to appeal the verdict. "We have discussed this before the verdict was read, if the six defendants are found guilty, they will appeal. Now we still recommend that the defendants file an appeal. However, we will discuss this further with our clients," said Ijie.