MA Law Two Police in the Kanjuruhan Tragedy Case, Cancel the PN Exemption Verdict

The Supreme Court annulled the acquittal of two policemen, former Head of Samapta Malang Police AKP Bambang Sidik Achmadi and former Head of Ops for Malang Police Commissioner Wahyu Setyo Pranoto, who were accused in the Kanjuruhan Tragedy.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in MA Hukum Dua Polisi dalam Kasus Tragedi Kanjuruhan, Batalkan Vonis Bebas PN

KOMPAS/ADRYAN YOGA PARAMADWYA

The criticism message written on the bicycle belonging to Miftahudin Ramli (53) aka Midun in the Bulungan area, South Jakarta, on Monday (14/8/2023). Midun biked from Malang to Jakarta to demand justice for the victims of the Kanjuruhan Tragedy. He attached a coffin to his bicycle as a form of criticism of the incomplete investigation into the tragedy.

JAKARTA, KOMPAS — The Supreme Court overturned the acquittal of two police officers who were accused in the Kanjuruhan Tragedy, namely the former Head of the Malang Resort Police Samapta Unit Adjunct Commissioner Bambang Sidik Achmadi and former Head of the Operational Section of the Polres Malang Commissioner Wahyu Setyo Pranoto. Bambang Sidik was sentenced to 2 years in prison, while Wahyu Setyo was given 2 years and 6 months in prison.

The Supreme Court considers both of them legitimately and convincingly guilty of committing a criminal act that resulted in the death or serious injury of others, and caused affected citizens to be temporarily unable to work due to their negligence.

"Declaring that the defendant Bambang Sidik Achmadi has been legally and convincingly proven guilty of committing a crime because of his negligence causing another person to die and because of his negligence causing another person to be seriously injured and due to his negligence causing another person to be injured in such a way that he is temporarily unable to do work," reads the excerpt. the decision of cassation case on behalf of Bambang with number 922 K/Pid/2023, as quoted by Kompas on Thursday (24/8/2023).

The same verdict also applies to Wahyu Setyo, as quoted from excerpt of verdict number 923 K/Pid/2023. Both verdicts were handed down by the cassation panel led by Supreme Court Justice Surya Jaya with justices Hidayat Manao and Jupriyadi on Wednesday (23/8/2023).

Also read: Light Verdict, Families of Victims of the Kanjuruhan Tragedy Request Appeal Prosecutor

KOMPAS/DEFRI WERDIONO

Citizens are still coming to Kanjuruhan Stadium, Malang, East Java, on Friday (10/7/2022). One of the most visited spots is gate 13 where many victims were located. In front of this gate, they scatter flowers and pray for the victims of the Kanjuruhan Tragedy who have passed away.

Wahyu Setyo was previously released by the Surabaya District Court through decision number 12/PID.B/2023/PN Sby dated March 16, 2023. Previously, Wahyu Setyo had been detained from October 24, 2022 to March 16, 2023.

Meanwhile, Bambang Sidik was acquitted by the same court through decision number 13/PID.B/2023/PN Sby on the same day as Wahyu. Bambang also underwent the same detention period as Wahyu and was released from detention when the court's acquittal decision was made.

Also read: Verdict of the Defendants of the Kanjuruhan Tragedy Considered as Disobeying Justice

As a result of the decision, the public prosecutor at the Malang District Attorney's Office filed an appeal to the Supreme Court. The Supreme Court granted the prosecutor's appeal and overturned the acquittal decision for both of them.

KOMPAS/BAHANA PATRIA GUPTA (BAH)

Arema supporters (Aremania) brought a coffin and photos of the deceased victims of the Kanjuruhan Tragedy during the "Malang Menghitam" protest in Malang city, East Java, on Thursday (10/11/2022). Thousands of Aremania marched commemorating the 40 days since the tragedy, with a convoy from the Gajayana Stadium towards the city square. They demanded a thorough investigation into the violation of human rights in the Kanjuruhan Tragedy and compensation and restitution for the victims or their families through compensation and restitution mechanisms.

The Kanjuruhan tragedy occurred due to riots following the Liga 1 football match between Arema FC and Persebaya at Kanjuruhan Stadium, Malang, East Java, on October 1, 2022. The incident resulted in a death toll of 135 people and injured more than 600 people.

In its investigation, the National Human Rights Commission (Komnas HAM) concluded that the shooting of tear gas was the main cause of the Kanjuruhan Tragedy.

Also read: The Tragedy of Advocacy is also the Error of PSSI and LIB

The police have named six suspects for this incident. Apart from Bambang and Wahyu, the police are also suspecting the East Java Regional Police Mobile Brigade Company Commander Adjunct Senior Commissioner Hasdarman. From the civilian side, the police are suspecting the Main Director of PT Liga Indonesia Baru (LIB) Akhmad Hadian Lukita, Chairman of the Match Organizing Committee Abdul Haris, andSecurity Officer Suko Sutrisno.

When faced with the court, only Bambang and Wahyu were acquitted by the first level court. Meanwhile, Hasdarman was sentenced to 1 year and 6 months in prison, Abdul Haris was sentenced to 1 year and 6 months in prison, and Suko was sentenced to 1 year in prison. As for Akhmad Hadian Lukita, he was ultimately released due to lack of evidence to bring his case to court.

KOMPAS/DEFRI WERDIONO

Malang Resort Police Chief Commissioner Putu Kholis Aryana answered questions from media personnel regarding the legal process of the B Model Tragedy report at the Malang Resort Police Headquarters, East Java, on Wednesday (23/8/2023).

Investigation drive

Some time ago, as reported by Kompas.id, the investigation into the Kanjuruhan Tragedy case continued to be pushed because the the ongoing legal process was allegedly designed not to reveal the truth and justice. This was revealed in the webinar Launching of the Monitoring Report on the Trial of the Adjudication Tragedy and Research on Criminal Justice Aspects for Witnesses and Victims of the Tear Gas Shootings, Tuesday (27/6/2023).

Also read: Push Again the Investigation of the Kanjuruhan Tragedy

The online seminar was initiated by a coalition of civil society which also presented representatives from the National Human Rights Commission (Komnas HAM), the Witness and Victim Protection Agency (LPSK), and the House of Representatives (DPR).

Legal Aid Coordinator of Surabaya Pos Malang, Daniel Siagian, stated several irregularities in the legal process of the Kanjuruhan Tragedy case. The main issue is the request from the Communication Forum of District Leaders in Malang Regency to hold the trial in Surabaya State Court, which has been approved by the Supreme Court.

In addition, the reconstruction of events by the East Java Regional Police investigator did not take place at Kanjuruhan Stadium where the incident occurred, but at the East Java Regional Police soccer field in Surabaya. This resulted in the fact of tear gas shooting towards the spectator stands becoming blurred.