JAKARTA - Member of Commission III of the DPR, Arsul Sani, said that the death sentence handed down by the panel of judges at the South Jakarta District Court for Ferdy Sambo could be turned into a life sentence if the new Criminal Code comes into force. The reason is, currently, the panel of judges is still referring to the rules in the old Criminal Code.
"This decision was handed down on the basis of the current Criminal Code, not the new Criminal Code which was passed in early December," said Arsul when contacted, Tuesday, February 14.
The PPP legislator for the Central Java electoral district explained that the death sentence against Ferdy Sambo would still go through a long process, even up to clemency. Because of that, according to him, there is a possibility that the new Criminal Code will apply.
"Because this is only a first-level decision, there is an open process for appeal, cassation, review, even up to a request for clemency. So, that process can take a long time, it could come to a time when the new Criminal Code will take effect," explained Arsul.
If Ferdy Sambo had not been executed until the new Criminal Code came into effect, said Arsul, then the death penalty could be life imprisonment after a 10-year sentence.
"If they have not been executed, then the provisions of the new Criminal Code may apply, namely where a death convict will change his sentence to life imprisonment after serving a 10-year sentence in prison," said Arsul.
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"So, even though in the end FS was still sentenced to death, it is possible that the sentence will later be changed to life imprisonment," he added.
Nevertheless, the deputy chairman of the MPR considered that all parties must respect the decision of the panel of judges. Likewise, if Ferdy Sambo files an appeal, then his rights must also be respected.
"Of course we have to respect the decision of the South Jakarta District Court which sentenced FS to death. On the other hand, FS also has the legal right to appeal, which we also have to respect," said Arsul.
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