Just Like Inspector General Ferdy Sambo, Putri Candrawati Was Threatened With Article 340 Subsidiary 338 Of The Criminal Code In The Murder Case Of Brigadier J

JAKARTA - The special team (timsus) of the National Police has named Putri Candrawati as a suspect in the murder case of Brigadier Yosua Hutabarat or Brigadier J. Until now the person concerned has not been detained by Timsus because he is still asking for permission to rest for a week.

Putri Candrawati is charged with Article 340 of the Criminal Code regarding premeditated murder, which is a subsidiary of Article 338 of the Criminal Code on intentional murder in conjunction with Articles 55 and 56 of the Criminal Code. The same article applies to her husband, Inspector General Ferdy Sambo.

Princess Candrawati can be sentenced to a maximum of the death penalty, life imprisonment and 20 years in prison. The meaning of the word subsidiary is a substitute if the main thing does not occur, such as confinement as a substitute for a fine if the suspect cannot pay.

Premeditated murder is a crime of taking another person's life or killing, which begins with planning the method and time of execution, and of course aims to ensure that the action is carried out successfully and can avoid arrest by law enforcement.

Meanwhile, Article 338 of the Criminal Code is known as ordinary or spontaneous murder. Ordinary murder is a crime in which the intention and the time of execution are carried out simultaneously. Or in other words, this murder is carried out when the perpetrator has the desire to kill the victim, and is executed immediately.

Article 340 of the Criminal Code concerning Premeditated Murder (Moord), is:

"Whoever intentionally and premeditated takes the life of another, is threatened with premeditated murder, with a death penalty, or imprisonment for life, or for a certain period of time, a maximum of twenty years."

The elements of a premeditated murder include; Subjective Elements (a) Deliberately (b) By planning in advance. Objective Elements (a) The act of taking a life (b) The object is the life of another person.

This premeditated murder itself consists of Article 338 murder, plus there is an element of premeditated murder, then the punishment will be heavier. This is because the elements are planned in advance, before being implemented.

Basically, there are three things that become the basis for it to be considered as premeditated murder, namely (1) Deciding one's will/intention in a calm state; (2) Availability of sufficient time from the emergence of the will/intention to the execution of the murder; (3) Execution of the will/intention (actions in a calm atmosphere

The meaning of the sentence deciding the intention in a calm state here, is the inner mood he had, before deciding to plan murder. In other words, before deciding to kill, everything, including the pros and cons, has been thought out, considered, and reviewed by the perpetrator concerned.

While the availability of the grace period referred to in this premeditated murder is the time taken before someone decides to carry out his killing intent earlier.

Not too short, because it can result in no opportunity to think carefully. However, it is not too far away, because if it is too long, it will result in the loss of connection between the making of intentions and the execution time of the murder.

Furthermore, it is done in a calm mood, meaning that the perpetrator is not in high anger, excessive fear, or in a hurry.

So, the three elements that make up the occurrence of a premeditated murder, are cumulative in nature, and are interrelated with one another, becoming an inseparable unit.

On this basis, a premeditated murder is said to be the most sadistic act of killing a person's life compared to other murders. The highest punishment is the death penalty

Articles 55 and 56 of the Criminal Code

In addition to Article 340 of the Criminal Code, the suspect is also charged with Articles 55 and 56 of the Criminal Code regarding participation in criminal acts. The texts of Article 55 and 56 of the Criminal Code are as follows:

Article 55 of the Criminal Code Paragraph 1:

Convicted as a perpetrator of a crime:

1. those who do, who order to do, and who participate in doing the deed;

2. those who by giving or promising something by abusing their power or dignity, by force, threat or misdirection, or by providing opportunities, means or

information, intentionally encouraging others to do something

Article 55 of the Criminal Code Paragraph 2:

Against the proponent, only actions that are intentionally recommended are taken into account, along with their consequences.

Article 56 of the Criminal Code:

Convicted of being an accomplice to a crime:

1. those who intentionally provide assistance when a crime is committed

2. those who deliberately provide opportunities, means or information to commit crimes.

Meanwhile, the subsidiary article that ensnared Ferdy Sambo was Article 338 of the Criminal Code contained in Chapter XIX of the Criminal Code on Crimes Against Life. The article reads "Anyone who deliberately takes the life of another person is threatened with murder with a maximum imprisonment of 15 years."

Meanwhile, the sounds of articles 55 and 56 of the Criminal Code are contained in Chapter V regarding participation in crime as follows.

Article 55 of the Criminal Code which consists of 2 paragraphs reads:

Paragraph (1)

Suspects convicted of criminal acts:

Those who do, who order to do, and who participate in doing deeds; and Those who by giving or promising something, by abusing their power or dignity, by force, threats or misdirection, or by providing opportunities, means or information, intentionally encourage others to take action.

Paragraph (2)

Against the advocate in a criminal act, only acts that are intentionally recommended are taken into account and their consequences.

Article 56 of the Criminal Code

A person is convicted of being an accomplice to a crime:

Those who deliberately provide assistance at the time the crime is committed; and

Those who deliberately provide opportunities, means or information to commit crimes.

Thus, it is clear that Ferdy Sambo was sentenced to life imprisonment or a maximum of 20 years in accordance with Article 340 of the Criminal Code, a subsidiary of Article 338 Juncto Articles 55 and 56 of the Criminal Code. With the entanglement of Ferdy Sambo under Article 340 of the Criminal Code, he was threatened with the death penalty.