The Bharada E Camp The Value Of The Public Prosecutor's Office Calls It DiligIOUS To Ferdy Sambo A Form Of Men's Rea

Bharada E at the South Jakarta District Court (Rizky AP/VOI)

JAKARTA - Richard totaling alias Bharada E assessed that the public prosecutor (JPU) misinterpreted compliance which was actually considered a loyalty when obeying Ferdy Sambo's orders to shoot Yosua alias Brigadier J. This was conveyed by legal adviser Bharada E while reading the replica at the trial at the South Jakarta District Court, Thursday, February 2. "The “Loyality for a member of the police, especially for a Brimob, is obedience and compliance with the orders of superiors/leaders, in this case Ferdy Sambo," said Bharada E's legal adviser. "So in this case the loyalty intended by the Public Prosecutor must be read as a straight compliance with the superiors' orders," he continued. In addition, Bharada E's camp also disagrees with the prosecutor's argument which concludes loyalty as mens rea. Moreover, referring to the large Indonesian dictionary (KBBI) loyalty has a meaning of compliance. Thus, as the police with the lowest rank, Bharada E only carries out orders. "The most relevant reference related to the term loyalty, we found in the Big Indonesian Dictionary (KBBI) an online version published by the Language Development and Development Agency, the Ministry of Research and Technology of the Republic of Indonesia, namely ‘loyality ’ is ‘ Compliance, or loyalty ’,” he said. According to Duplik Bharada E, loyalty and mens rea are two different things. In fact, it cannot be translated into a causal relationship. The reason is that a person's obedient attitude cannot be interpreted as equal or identical to the total agreement for what is ordered. "However, it is solely because it has to be obeyed, or the person concerned does not have the power to refuse orders, because the giver of orders is a superior and is very powerful," said legal adviser Bharada E. Meanwhile, at the previous trial, the prosecutor considered Bharada E to have misinterpreted the psychological aspect of an abortion of criminal liability. Can the defendant Richard totaling be released from accountability because of the psychological aspect? The answer is certainly not, "said the prosecutor According to the prosecutor's team, Bharada E shot Brigadier J not out of fear or under the power of authority. Rather, because of his loyalty to Ferdy Sambo. And can it be justified to carry out the request of witness Ferdy Sambo who is invalid or against the law? The answer certainly cannot be justified, said the prosecutor. Therefore, the prosecutor asked the panel of judges to reject the plea submitted by the Bharada E camp. Moreover, the description does not have a solid juridical basis that can be used to invalidate the indictment. "Rejected all pleas from the defendant's legal advisory team Richard totaling Pudihang Lumiu," said the prosecutor.