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Malang City Police Chief Ultimatum 3 BEM Members for Immediate Clarification

Malang (beritajatim.com) – Malang City Police Chief, Kombes Pol Budi Hermanto gave an ultimatum to three members of the Student Executive Board (BEM) to immediately clarify the legal facts in the case of fighting between students at the Loft Cafe, Jalan Bandung, Malang City last Sunday (3/9/2023).

The three BEM members are Nurkhan Faiz AM, as Regional Coordinator of BEM Nusantara East Java, Abi Naga as Coordinator of BEM Malang Raya, and Mahmud BEM Malang Raya. They are considered responsible for the demonstration in front of the Malang City Police Headquarters which was held on Friday (12/1/2024) and Tuesday (16/1/2024) yesterday.

"We from the Police asked the 3 people who were acting on behalf of one of the student organizations to take steps. Clarifying the 2 actions carried out on Friday, January 12 2024 and Tuesday, January 16 2024 in front of the Malang City Police Headquarters. "To clarify with the people of Malang City regarding the actual facts of the incident so that there is no slander and defamation of individuals and the National Police institution," said the officer who is familiarly called Buher.

The police also asked 3 demonstrators from BEM Nusantara to apologize to the people of Malang City. Because it is considered to cause noise. “Apologizing to the student organizations they lead or are on behalf of. "Because so far student organizations have been good and correct in voicing the voice of the people and issues clearly and without any personal interests," said Buher.

The ultimatum given by Malang City Police to 3 BEM members is 1×24 hours. Clarification is carried out through online media or mass media, social media or coming to the Malang City Police.

"Firstly, it has defamed the good name of the police institution, saying it is unprofessional, criminalized, unfair. Second, create information confusion among the community. Third, spreading false news slandering the Chief of Police and Head of Criminal Investigation for removal. We gave the three people an ultimatum of 1×24 hours. "If we don't clarify our request, I will escalate the police report process," said Buher.

The police consider that BEM Nusantara, which held a demonstration in front of the Malang City Police Headquarters, has spread false information regarding the beating case involving HAD, EM and HA. These three people have been named suspects because they reported to each other.

The Head of Criminal Investigation Unit for the Malang City Police, Commissioner Danang Yudanto, said that this case was purely an alleged criminal act under Article 351 of the Criminal Code regarding abuse and Article 170 of the Criminal Code regarding violence in which both parties reported each other.

Initial chronology of HAD, one of the suspects reported EM and HA on Monday (4/9/2023) following the commotion at the Loft Cafe. There are 14 witnesses who have been examined. Including carrying out reconstruction twice on 2 and 5 December 2023.

Both HAD, EM and HA consume alcohol. This evidence is strengthened by the confessions of the cashier, manager and service department. The two parties touched each other until an argument broke out where HAD attacked EM first by hitting him on the shoulder. This commotion was broken up by the cafe security guard. EM then counterattacked by kicking HAD.

“So initially the person who committed the violence was HAD against EM at the Loft Cafe location. The next incident was that EM carried out violence with the suspect HA against the victim HAD. After that there was no meeting point when mediated by the security guard and parking attendant. "Finally report it to the Malang City Police Criminal Investigation picket," said Danang, Thursday, (18/1/2024).

Before officially reporting, mediation or peace efforts took place between the two parties. It turned out that the next day on September 4 2023 HAD reported EM to the Malang City Police General Crimes Unit.

After being reported by HAD, EM also wrote a letter of public complaint on the same day. In the EM and HA investigation process, the files were declared complete or P21 on November 30 2023 and the second stage was carried out by the prosecutor's office on Tuesday, January 16 2024.

"EM and HA are already in the custody of the Prosecutor's Office and have been entrusted to Lowokwaru Prison, Malang City. For HAD, according to existing evidence, the suspect was named on December 20 2023. "Then we will continue with the first and second summons, questioning the suspect on January 16 2024. Then we will carry out detention," said Danang.

The police detained HAD in order to fulfill objective and subjective requirements in accordance with article 21 of the Criminal Code concerning detention. Because, there are allegations that HAD tried to obscure or damage or eliminate evidence. "There are allegations that HAD requested CCTV footage in the name of an officer from one of the agencies. "So the Loft Cafe manager gave permission to access the DVR or CCTV Video Recorder of the incident," said Danang.

In addition to suspecting that there was an attempt to destroy evidence, there was also an attempt to mobilize one of the student organizations or individuals to take action whose aim was allegedly to suppress the progress of the investigation. "So investigators do not carry out their obligations based on existing evidence to continue the case of case 351 with the reported HAD," added Danang.

Danang also ensured that HAD was not attacked by 9 people. This fact is confirmed by the results of the reconstruction based on the testimony of witnesses. Because the perpetrators of the crime together were only two people, namely EM and the suspect HA, who have now been detained.

"Then, the conclusion of the post-mortem on September 4 2023 at 17.00 WIB, was that abrasions were found on the inner side of the lip. Neck, front side, left elbow, left forearm, bruises on the left and right side of the body. Right upper arm due to blunt force trauma. "So it is not true that there was a beating by 9 people, because the results of the investigation and reconstruction of the witnesses' statements do not support that statement and the broken bones are not true," said Danang. (luc/kun)

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