JAKARTA - Members of the National Police can be dishonorably dismissed from the National Police for violating the oath or promise of members of the National Police, oath or appointment of office, and/or code of ethics of the National Police's profession. Article 13 paragraph 1 of PP No. 1 of 2003 is what was imposed on Inspector General Ferdy Sambo at the Police Ethics Session on Thursday (26/8).

The ethics trial is a trial held to enforce the Professional Code of Ethics of the Indonesian National Police against violations committed by Polri officials.

In its decision, Kabaintelkam, who is also the Chair of the Ethics Commission, Komjen Ahmad Dofiri, stated that Inspector General Ferdy Sambo legally and convincingly violated 7 rules related to the Professional Code of Ethics and the Police Code of Ethics Commission as stated in Perpol Number 7 of 2022.

Violation of the Professional Code of Ethics and the Police Code of Ethics Commission in question is:

On that basis, the Police Code of Ethics Commission imposed sanctions on Inspector General Ferdy Sambo.

"The ethical sanctions, namely the behavior of violators, are declared disgraceful and administrative sanctions, dishonorable dismissal or PTDH as members of the Police," said Ahmad Dofiri.

Chairman of the Indonesia Police Watch (IPW) Sugeng Teguh Santoso assessed that the results of the ethics trial were the right decision. What the suspect FS (Ferdy Sambo) did in the murder case of Brigadier J was a disgraceful act.

Violating moral norms, adab norms, and police ethics. FS is dishonest, throws responsibilities, invites others to cover up crimes, and is unable to set an example as a leader.

"The impact of these actions is very fatal, causing public distrust of the Polri institution, the Police Name is damaged because of FS's actions. This is a serious violation that deserves respect for the dishonorable dismissal," he told VOI, Friday (26/8).

Responding to the decision, Inspector General Ferdy Sambo did not deny and admit his mistake. However, he tried to appeal.

We recognize all the actions we have done against the Polri institution. However, please allow, in accordance with Article 29 of PP 7 of 2022, allow us to file an appeal, whatever the appeal decision, we are ready to implement it," said Inspector General Ferdy Sambo before the Police ethics session, Thursday (25/8).

The chairman of the Ethics Code Commission session gave Inspector General Ferdy Sambo three days to appeal in written appeals. The appeal will be processed for 21 working days.

Is the decision the same as what was conveyed today or there is a change, see later. What is clear is that the person concerned has accepted any decision that will be taken by the appeal hearing," said Head of the Public Relations Division of the National Police Inspector General Dedi Prasetyo, Friday (26/8).

Criminal Law observer from Trisakti University Abdul Fickar Hadjar assessed that Inspector General Ferdy Sambo's move to appeal would certainly not be separated from his honor as a high-ranking police officer.

If he is dishonorably dismissed, Inspector General Ferdy Sambo certainly has no honor, especially the case that ensnared him was the murder of his own aide. His name as a high-ranking police officer is clearly tarnished

That's why Inspector General Ferdy Sambo had submitted his resignation one day before the ethics trial was held. If he can resign, he may still have the honor of being a member of the National Police.

"So, I don't think for FS it's a matter of whether you can or not retire. What is retirement is only a matter of interest, right, it's a matter of honor. Moreover, when the case occurred, he served as Head of the Propam Division, the police term," Fickar told VOI, Friday (26/8).

filing an appeal is indeed the right of Inspector General Ferdy Sambo. Even so, according to Fickar, the chances of success are very small.

In state administrative law, National Police officials at echelon 1 level are appointed through a Presidential Decree. This means that the appeal will be approved or not through a Presidential Decree.

FS was dismissed by the National Police Chief through the ethical council's decision. The President followed up on the ethical board's decision," said Fickar.

The question is whether the president will agree? Moreover, President Jokowi repeatedly made a statement so that the murder case of Brigadier J was clearly and transparently disclosed. Not covered up, reveal the truth as it is.

"Maybe it can work, it depends on the President. So far, the President has always been of the opinion that he is open to it, whether or not the President will cancel the decision of the National Police Chief through this ethics board. In my opinion, it is not possible. But I don't know that the President has other considerations," he explained.

On the other hand, continued Fickar, this appeal attempt was clearly not to find loopholes to reduce the sentence from the alleged article to Inspector General Ferdy Sambo.

"It's different to tell that. Although his wife may have been properly harassed, it can't be processed by law either, because the suspect is no longer around. So, I'm sure it won't ease the sentence," he said.

Indeed, in the criminal court, there is a term decision that can be influenced by aggravating factors and mitigating factors. What can relieve? If the crime is about assets.

"By paying the compensation, it can be mitigating because the losses have been paid, because in one action there are two aspects, their own actions are criminal, as a result or civil loss," he explained.

However, if it is a crime that takes the lives of others, it is very unlikely, except to kill people in conditions of war or in conditions of self-defense.

For example, Bharada E. If he can prove the threat from FS that he will be shot if he doesn't do this order, it can be a mitigating or eliminating punishment. On orders and threats," he said.

The reality is not even mitigating, it actually gets heavier because apart from the alleged murder, FS is also suspected of fabricating or implementing the persecution of justice. The minimum sentence is 9 months and a maximum of 1 year and 8 months in prison.

The sentence will be added later, unless the sentence is death or life imprisonment, it doesn't need to be added again. However, it all depends on the judge's authority. People can try, but from what they have done it is a bit difficult to consider as a mitigating thing," Fickar stressed.