Responding to the Prosecutor's Demands on the Sambo Case, UM Surabaya Legal Experts Provide Responses

• 24 Jan
• 2023

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Responding to the Prosecutor's Demands on the Sambo Case, UM Surabaya Legal Experts Provide Responses

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• By Uswah Sahal
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The five defendants in the alleged premeditated murder case of Nofriansyah Yosua Hutabarat or Brigadier J have undergone trial for charges. The trial was held for three days at the South Jakarta District Court (PN Jaksel). Each of the defendants has heard the demands of the public prosecutor (JPU).

The five defendants were considered by the prosecutor to be guilty of committing the crime of premeditated murder of Yosua as stipulated and threatened in the indictment of Article 340 of the Criminal Code in conjunction with Article 55 Paragraph (1) to 1 of the Criminal Code regarding premeditated murder.

Strong was prosecuted for 8 years in prison, Ricky Rizal or Bripka RR who underwent a trial with the same charges as Strong, was prosecuted for 8 years in prison, the former Head of the Professional and Security Division (Kadiv Propam) of the National Police was prosecuted for life imprisonment, Ferdi Sambo's actions were deemed to have tarnished the police institution and cause uproar in the community,

Meanwhile, Ferdy Sambo's wife, Putri Candrawathi, was sentenced to 8 years in prison. As well as Richard Eliezer or Bharada E being the last defendant charged with imprisonment for 12 years.

Satria Unggul Wicaksana, a lecturer and legal expert at UM Surabaya, said that in the prosecution's demands for each of these cases there were at least a number of things to reflect on, namely:

First, the perpetrator's brain (intellectual daader) should receive the maximum punishment, meaning that not only Ferdi Sambo is subject to serious charges, Putri Candrawati should also receive equally serious charges for planning and ultimately making Ferdi Sambo and Richard Eliezer execute Brigadier Joshua.

Satria explained, in premeditated murder there is an element of intent, in criminal law science it is distinguished in 3 forms of intent, namely: (1). Deliberation as a goal; (2). Deliberation as a certainty, and; (3). Deliberateness as a possibility.

"So the role of Princess Candrawati can be considered an intellectual father because she has time to think about whether the murder will continue or be canceled," said Satria Tuesday (24/1/23)

According to him, premeditated murder can only occur if it is done intentionally, premeditated murder will not occur due to the negligence of the executor.

Second, the abolition of punishment due to coercion (overmacht) should be an option for the public prosecutor against Richard Eliezer, the existence of coercion or what is known as overmacht is important because it determines and forms the basis for the abolition of punishment.

Overmacht is something that comes from outside, affecting someone who experiences it so that person has no other options to defend himself.

"This is in line with Article 48 of the Criminal Code which reads: "A person who commits a crime under the influence of coercive force cannot be punished." so, the demands for Richard Eliezer are very inappropriate, "he added again.

Third, the request as a Justice Collaborator (JC) should also be the basis for alleviating demands for Richard Eliezer to get the lightest possible criminal sanction, this is in line with Article 10 of Law Number 13 of 2006 concerning Protection of Witnesses and Victims (UU 13/2006 ).

Finally, he hopes that the Panel of Judges who are hearing cases will continue to explore and find a sense of justice in society.

"This is in line with Article 5 paragraph (1) of Law No. 48 of 2009 concerning judicial power, because the judge's verdict will be the final phase of the Ferdi Sambo case, and the betst verdict against the 5 defendants will fulfill the sense of justice in society, "concluded Satria.