JAKARTA The Ferdy Sambo trial for the alleged murder of his aide, Brigadier Nofriansyah Yosua Hutabarat, which took place on July 8, 2022, continues to roll out at the South Jakarta District Court. The first trial with the agenda of the indictment of the public prosecutor and the exception of the defendant's legal advisor was held on October 17, 2022.
The next three days, the trial continued with the agenda of the public prosecutor's response to the defendant's legal counsel's exception. The presiding judge of the Ferdy Sambo trial, Wahyu Iman Santoso, scheduled the next trial on October 26, 2022, with an agenda of interim decisions.
In the trial, it was found that there were a number of legal terms that sounded ordinary for the general public, including:
Luhut MP Pangaribuan in the book 'Criminal Procedures: Official Advocates' in court said the exception was an objection or rejection of the indictment read out to the defendant. In general, the exception will highlight in particular the indictments that were made and not for defense.
"Exceptions are not included in the defense because they do not involve whether they are true or false about the criminal acts charged," he said.
Yahya Harahap in the book Private Law on the Law on Trial, Confiscation, Evidence and Decisions of the Court Shares exceptions in 3 types:
First, the exception of a processual or type of exception relating to the formal requirements of a lawsuit / indictment. If the lawsuit / indictment contains a formal defect then the lawsuit / indictment filed is invalid, thus it must be declared unacceptable (niet onvantkelijke verklaard).
Second, the exception of the process outside of the exception of competence. Consisting of several forms, including the exception of the outsideror in persona, the exepsine bis in idem, and the exepsiobscuur libel. This statement was spoken by the defendant's legal adviser and the public prosecutor at the Ferdy Sambo trial.
According to Yahya, the exception of error in persona is the exception carried out by the defendant / defendant in the event that the plaintiff / public prosecutor does not have the capacity or right to file the case, or the party being sued / charged has no business with the case, or the party being sued / charged is incomplete.
Meanwhile, the exepsine bis in idem is an exception filed by the defendant / defendant in the case filed by the plaintiff or the case charged by the public prosecutor has already been filed and a decision that has permanent legal force has been handed down. Then, the exception of the obscuur libel, namely the exception filed by the defendant / defendant in the case that the plaintiff's lawsuit or the indictment of the public prosecutor is not clear or the contents are unclear, for example the legal basis is not clear, the object of the dispute is not clear, the petitum is not detailed and the problem between an unlawful act.
"If the exception is not submitted by the defendant or legal counsel, then the trial process will be continued with evidence, but if an exception is proposed, the trial process will continue as regulated in Article 156 of the Criminal Procedure Code, then it will be decided by an interim decision," added Andi Muhammad Sofyan in his book "The third edition of the Criminal Procedure".
Yahya Harahap in the book "Discussion and Problem and Application of the Criminal Procedure Code: Investigation and Prosecution" page 442,splitsing is the breakdown of case files.
Basically, the breakdown of the case file occurred due to the factor that the perpetrators of the crime consisted of several people. If the defendant consists of several people, the public prosecutor can take the discretion to split the case files into several files according to the number of defendants.
"The breaking of case files into several standalone files is intended to place each of the defendants as reciprocal witnesses among themselves," said Yahya.
The provision of increasing according to the response of the public prosecutor at the Ferdy Sambo trial can be seen in Article 142 of the Criminal Procedure Code which states,
In the event that the public prosecutor receives a case file containing several criminal acts committed by several suspects who are not included in the provisions of Article 141, the public prosecutor can prosecute each defendant separately.
The provisions of Article 141 of the Criminal Procedures in question are:
The public prosecutor can merge the case and make it in one indictment, if at the same time or at the same time he receives several case files in terms of:
According to Farizal, a legal practitioner from Mataram University, the interim decision is a decision issued on the exception filed by the defendant's legal adviser against the indictment filed by the public prosecutor regarding the formal.
"Formil in a sense, such as whether it is true that the authority of the district court that decides, whether or not the determination of the defendant is valid, whether the application of the article is appropriate, the place and time of the incident is appropriate, and so on," said Farizal to VOI, Friday (21/10).
If in the intermediate decision the judge accepts the objection of the defendant or legal counsel to one of the materials, such as the court's authority to try a case or the indictment cannot be accepted, or the indictment must be dropped, then the indictment will not be investigated further.
The judge could also order the prosecutor to rearrange his indictment. If this happens, all prosecutors can be demoted," said Farizal.
On the other hand, if the judge declares that he rejects the exception or memorandum of objection of the defendant or legal counsel, the indictment will proceed to the examination of witnesses and evidence.
However, in Ferdy Sambo's trial, continued Farizal, it is likely that the judge will reject the exception or memorandum of objection from the defendant or the defendant's legal adviser.
After all, this is a big case. The Attorney General's Office is also not arbitrary in choosing its prosecutors for the Ferdy Sambo trial.
"If I see, the public prosecutors at the Ferdy Sambo trial and Richard totaling are prosecutors who have a good reputation. Their personal track records have been recognized. All prosecutors are all'smooth'. The best prosecutors are all, maybe they are wrong little," he said.
"I am 95 percent sure that Ferdy Sambo's trial will continue to examine witnesses and evidence," he concluded.
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