Kata Expert Dari Kubu Strong Ma'ruf, Motif Tak Ada Di Delik Pembunuhan Berencana

Criminal law expert, Muhammad Arif Setiawan (Rizky Adytia Pramana - VOI)

JAKARTA - Criminal law expert Muhammad Arif Setiawan said the motive was not included in the offense in the murder or premeditated murder case.

This view began when Arif answered questions from Strong legal adviser Ma'ruf regarding the relevance of motives with the proof of Article 338 of the Criminal Code and 340 of the Criminal Code.

At that time, he said that the motive was a driving factor for someone to do something. However, when it comes to murder cases, it is said that there are no elements of offense in Articles 340 and 338 of the Criminal Code.

Delik is an act that violates the law, because it is against the law that is intentionally carried out by a person who can be held accountable.

"If it is related to the offense issue that was asked regarding 338 of the Criminal Code and 340 of the Criminal Code, then it is true that the motive in question is not included as an element of offense," said Arif during a trial at the South Jakarta District Court, Monday, January 2.

But, according to him, the motive can make it easier to understand the element of intent in a murder case.

In addition, it is useful as a consideration of the panel of judges in making a decision on a case at trial.

"The motive is useful as a consideration whether the motive can be mitigating or prioritizing a crime, if the elements in the offense are proven," said Arif.

Also follow VOI in Google News.

In the alleged murder case of Brigadier J's premeditated murder, Strong Ma'ruf was charged with premeditated murder of Brigadier J with Ferdy Sambo and Putri Candrawathi, Richard totaling alias Bharada E.

In the indictment, Richard Eliezrer shot Brigadier J at Ferdy Sambo's official residence at the Police Complex, Duren Tiga, South Jakarta, on July 8.

The shooting was also mentioned on the orders of Sambo, who at that time was still the Head of the National Police's Professional and Security Division (Kadiv Propam).

Thus, Ferdy Sambo, Putri Candrawathi, Bharada E, Strong Ma'ruf, and Ricky Rizal, were charged with violating Article 340 of the Criminal Code, subsidiary to Article 338 of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code. They face a maximum sentence of death, life imprisonment or a maximum of 20 years.