Memoran Kemeskian Terdakwa Ferdy Sambo: Surat Dakwaan Harus Ditegaskan Batal Demi Hukum
After hearing the reading of the indictment by the Public Prosecutor, the defendant Ferdy Sambo (FS) then conveyed his defense. According to FS's legal team, there are a number of things that make the indictment from the Public Prosecutor to be declared null and void.
The following include a description of the objection note read by the FS legal team in Ferdy Sambo's first trial in the alleged premeditated murder case against Brigadier Nofriansyah Yosua Hutabarat (Yosua) at the South Jakarta District Court, Monday (17/10):
Following up on the indictment must be done seriously and carefully. The indictment that deviates from the results of the investigation and or does not meet the material requirements is an indictment that must be declared null and void according to Article 143 of the Criminal Procedure Code
In compiling the indictment, the Public Prosecutor must be guided by the rules: the results of the investigation, the jurisprudence of the Supreme Court, even the doctrine of the law, are not solely on assumptions and free essays.
The formulation of the indictment must be in line with the results of the investigation. The formulation of the indictment that deviates from the results of the investigation examination is a false and untrue indictment. Such an indictment cannot be used by the Public Prosecutor to prosecute the defendant.
Every indictment that harms the defendant is considered null and void. This is corroborated in the decision of the Supreme Court number 74K/KR/1973 dated December 10, 1973," said the legal team of defendant Ferdy Sambo.
Even though the offense element has been formulated in full on the indictment, but if the indictment is confusing because neither the arrangement nor the formulation is clear between indictment 1 and another, then the indictment is null and void. This is also confirmed by the decision of the Supreme Court of the Republic of Indonesia number 600K/PIB/1882 dated 9 November 1983," the legal team continued.