JAKARTA - The Bharada coup, Richard totaling E, seems to have launched a counterattack on Ferdy Sambo. This is because criminal law expert Albert Aries, who was presented, said that the giver of the order was the party that must be responsible for a criminal case.
The attack began when Bharada E's legal adviser questioned the context or meaning of the authorities in Article 51 of the Criminal Code.
Meanwhile, the article states that whoever commits an act to carry out an order of office given by the competent authorities, will not be punished.
Then, Albert Aries said that the authorities could be interpreted as giving orders.
"If we look at the capacity of the participation earlier, the most relevant thing is to order it, because ordering it could be in the form of orders or instructions made by people who are not actually cannot be held accountable. either because it is Article 44 or 48 due to forced force or 51 of the Criminal Code," Albert said at the trial at the South Jakarta District Court, Wednesday, December 28.
"So in the previous context, it was more appropriate to order to do it, right?" asked Bharada E's legal adviser to make sure.
"Yes, because the method cannot be limited. And the person who was told to do it couldn't be held accountable just because it was a tool," said Albert.
Then, legal adviser Bharada E again questioned the position of subordinates who carried out orders. In fact, about Bharada E shooting Brigadier J in the alleged premeditated murder case.
Albert also said that when referring to Article 51 of the Criminal Code, Bharada E opened parties that had to be responsible. Even in Article 55 of the Criminal Code.
"So if we look at Article 51 that was abolished, it is an element against the law of implementing a position order carried out by the recipient of the order," said Albert.
"But in Article 55 it is related to the inclusion and responsibility of the criminal act of the person who was ordered to do it in fact has no mistake, has no intent, does not have the will to commit a criminal act," he continued.
Albert Aries is a criminal law expert presented by the Bharada E camp in the trial of the alleged murder of Brigadier J.
Meanwhile, in the case of the death of Brigadier J, Bharada E acted as the executor. He shot with a GUARD-17 firearm.
The shooting was called on the orders of the former Head of the Propam Division, Ferdy Sambo, which took place at the official residence of the Police Complex, Duren Tiga, South Jakarta, on July 8.
In addition, in this case there are also four other defendants. They are Ferdy Sambo, Putri Candrawathi, Bripka Ricky Rizal, and Strong Ma'ruf.
They were all charged with Article 340 of the Criminal Code, subsidiary to Article 338 of the Criminal Code in conjunction with Article 55 paragraph 1 to (1) of the Criminal Code with a maximum threat of death penalty, life imprisonment or a maximum of 20 years.
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