Rabu, 12 Juli 2023

Knowing The Sengkon & Karta Case

(Sebekasi.com)

By:
Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Indonesian Police are Trying to Unravel the Noven Murder Case Again", "How to Open a Police Report in Indonesia?", you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'Knowing The Sengkon & Karta Case'.

What happened to Sengkon and Karta is one of the dark history of the world of Indonesian justice. Sengkon and Karta are often written by observers when talking about law enforcement in Indonesia. Once upon a time, a robbery and murder befell the married couple Sulaiman-Siti Haya in Bojongsari Village, Bekasi, in 1974. Moments later, the police arrested Sengkon and Karta, and named them both suspects. Sengkon and Karta are farmers from Bojongsari, Bekasi, West Java. The two were accused of robbing and killing the Sulaiman-Siti Haya couple. Not feeling guilty, Sengkon and Karta initially refused to sign the minutes of the investigation. But because they could not stand the police's torture, the two of them then gave up. Judge Djurnetty Soetrisno believed the police story more than the two defendants' denials. So in October 1977, Sengkon was sentenced to 12 years in prison, and Karta to 7 years. The decision was upheld by the West Java High Court.[1]

Sengkon and Karta experienced extraordinary suffering. According to the confession, they were beaten by the authorities. And even more tormented because Sengkon was stricken with tuberculosis (TBC) in Cipinang prison. After several years in prison they meet a prison inmate named "Genul", Sengkon's nephew, who was previously jailed for theft. It was here that Genul revealed the secret that he was actually the killer of Sulaiman and Siti. Finally, in October 1980, Gunel was sentenced to 12 years in prison. Even so, this does not necessarily make them free. Because previously they had not filed an appeal, so the verdict was declared to have permanent legal force.[2]

The Sengkon and Karta cases shocked Indonesia at that time. Albert Hasibuan, a House Representative member and a lawyer, was touched and tried to free Sengkon and Karta who were determined to fight for their fate. Finally, in January 1981, the Chief Justice of the Supreme Court (MA) Oemar Seno Adji ordered that both of them be released through the judicial review route. The big lesson from the Sengkon and Karta cases, because the Supreme Court revived the Judicial Review institution (before the Sengkon and Karta incident was not recognized in the legal system in Indonesia) against court decisions that had permanent force (berziening), January 1981 the head of the Supreme Court Oemar Seno Adji ordered the two men it's released.[3]

Being out of jail didn't make their lot any better. Karta must face a harsh reality: his family is in a mess somewhere. And their house and land covering an area of ​​6,000 square meters in Cakung Payangan Village, Bekasi, have collapsed to finance their case. While Sengkon has to be hospitalized because his tuberculosis (TBC) is getting worse, the land he has relied on to support his family has also been sold out. The land was sold by his wife to support his children and support himself while being processed at the Police and court.[4]

Even though he only bears the burden of a wife and three children, it is impossible for Sengkon to continue his work as a farmer, because the tuberculosis (TBC) disease continues to undermine and there are too many scars on his body from the torture he has suffered. Sengkon and Karta through their lawyers filed a lawsuit against the Bekasi District Court demanding compensation of IDR. 100 million, but were refused. Likewise at Higher Court, his demands were rejected. Cassation to the Supreme Court, but too late. The Supreme Court did not examine the lawsuit file on the grounds that it was late in submitting it. According to the criminal procedural law, the files should have been received on October 25, 1983, but the files were only received on October 26, 1983. According to the lawyers, the delay was due to the late Karta's son taking care of a poverty certificate which needed to be attached to request fee waiver of court fees. Neither did he get justice on earth. Indonesia, finally God's hand touched them, Karta died in an accident while Sengkon closed his eyes for the last time not long after Karta left due to his serious illness.[5] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Jakarta - Indonesia.
E-mail: mahmudkusuma22@gmail.com

________________
References:

1. "MENGENAL SENGKON DAN KARTA", mh.uma.ac.id., Diakses pada tanggal 10 Juli 2023, Link: https://mh.uma.ac.id/mengenal-sengkon-dan-karta/
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.

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