Low-Level Sentence Richard Totals As Justice Collaborator Is A Form Of Appreciation
JAKARTA justice collaborators are criminals who cooperate with law enforcement to provide evidence and information. His role is very important in disclosing organized criminal acts.
When referring to the Circular of the Supreme Court (SEMA) Number 4 of 2011, said a criminal law observer from JFB Indonesia Legal Consultant, Farizal Pranata Bahri, there are several conditions for the perpetrators of criminal acts to apply as justice collaborators.
Namely, the person concerned is a criminal offense, admits his crime, is not the main perpetrator, and provides testimony as a witness in the case.
"For the Richard total case, for example. He did have a role as the person who shot Yosua, but the judge considered him not the mastermind behind the main perpetrator and only carried out orders from the main perpetrator," he told VOI on February 14, 2023.
Then, the information given must be the real fact of what was experienced. If it turns out that from the results of the facts excavation in the trial of justice collaborator lying, all rights will be revoked and those concerned can be prosecuted for giving false information.
"So, in addition to being able to get an award in the form of criminal relief, even to parole, justice collaborators are also entitled to physical and psychological protection from LPSK," he said.
Because, it takes courage to decide to become a justice collaborator. Must be able to eliminate fear of being ostracized, hated, and ridiculed in groups. Not to mention psychological threats, even lives.
This is regulated in the Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Corruption Eradication Commission, and Chairman of the Witness and Victim Protection Agency Number: M.HH-11.HM.03.02.2011, Number: PER-045/A/JA/12/2011, Number: 1 of 2011, Number: KEPB-02/01-55/12/2011, Number: 4 of 2011 concerning Protection for Reporting, Pioneer Witnesses and Cooperative Witnesses.
So far, there have been several criminals who have become justice collaborators. Among others, Vincentius Amin Sutanto was convicted of PT Asian Agri's tax embezzlement case.
The former tax manager of PT Asian Agri was initially sentenced to 11 years in prison on April 3, 2008 for being proven guilty of tax evasion of PT Asian Agri which cost the state Rp1,259 trillion. For his role as a justice collaborator, he was released on January 11, 2013.
As written on the LPSK website, Vincentius Amin Sutanto's contribution in the investigation process of tax embezzlement cases is quite significant. He was able to uncover 14 cases of tax embezzlement. One of them has arrived at the verdict of the Supreme Court against Marine Suwir 2 years in prison with a probationary period of 3 years and paid a fine of Rp. 2.5 trillion.
Richard kollaborator also got his rights. His testimony regarding the events that occurred on July 8, 2022, was convincing, so the judge in the consideration of the verdict considered it indeed good to be appointed as a justice collaborator.
Richard totaled honest, consistent, and logical information. In accordance with the available evidence, it is very helpful to uncover the murder case of Brigadier Nofriansyah Yosua Hutabarat.
"The honesty, courage, and determination of the defendant with various risks have conveyed the real incident so that it is appropriate for the defendant to be appointed as a witness to the perpetrator who cooperates, justice collaborator and is entitled to an award," said Judge Alimin, in the trial of Richard airing at the South Jakarta District Court on February 15, 2023.
The panel of judges at the South Jakarta District Court sentenced Richard totaling a sentence of 1 year and 6 months, much lower than the prosecutor's previous demand, which was a 12-year sentence.
This, according to the Chairman of the Witness and Victim Protection Agency (LPSK) Hasto Atmojo Suroyo, is a good decision. In line with the mandate of Law Number 31 of 2014 concerning the Protection of Witnesses and Victims which stated that the defendant's justice collaborator could receive leniency as a reward for his testimony.
The judge has been very progressive. We should respect and be grateful of course," said Hasto to VOI on February 15, 2023.
With the verdict, it means that Richard totals that he can still have a career in the police.
"We will coordinate with the police so that RE can return to duty later, because the steps are still long. He is still very young. Moreover, what I have observed, his personality is very good and still full of enthusiasm to serve as a member of the National Police," said Hasto again.
In addition, continued Hasto, We will also cooperate and coordinate with the Director General of Corrections and the Head of Prison where he will be placed later. Technically how it will be discussed further. The point is, so that Richard
Hasto hopes that this case can be a lesson that there is a new paradigm in the criminal justice system in Indonesia. This is not only a matter of Richard airing, but also about the process of law enforcement in the future.
With a light sentence for justice collaborators, it is hoped that more organized criminals will be brave and willing to sincerely convey the truth of a crime that is involving him.