Complementing The Dead Penalty Rule In The New Criminal Code, Involves Ferdy Sambo's Verdict?

Ferdy Sambo at the South Jakarta District Court (Photo: Anto/VOI)

The Panel of Judges officially sentenced Ferdy Sambo to the death penalty for the premeditated murder of Brigadier J. After the trial, many people discussed the rules for the death penalty in the new Criminal Code.

The public highlighted the criminal rules contained in Law No. 1 of 2023 concerning the Criminal Code (KUHP). The rules regarding the death penalty are contained in Article 100 of the new Criminal Code which was ratified on December 6, 2022.

However, the rules for the death penalty in the latest Criminal Code still do not apply to Ferdy Sambo's verdict. This rule only applies in 3 years, namely in January 2026. Many people have questioned whether the new article will affect Ferdy Sambo's sentence.

In the new Criminal Code regulation, the death penalty is threatened alternatively as a last resort to prevent criminal acts and protect the community. In addition, the Criminal Code also stipulates a probationary period of 10 years for the convict. If during the probationary period the convict behaves well, the sentence can be changed to life imprisonment.

So what are the contents of the rules for the death penalty in the new Criminal Code? The following are the full contents contained in Article 100 and Article 101:

Article 100

(1) The judge sentenced him to death with a probationary period of 10 (ten) years taking into account:

(2) The crime of death with probation as referred to in paragraph (l) must be included in the court's decision.

(3) The probation period of 10 (tens) years begins 1 (one) Day after the court's decision has permanent legal force.

(4) If the convict during the probationary period as referred to in paragraph (1) shows commendable attitudes and actions, the death penalty can be changed to life imprisonment with a Presidential Decree after obtaining Supreme Court considerations.

(5) The sentence for life in prison as referred to in paragraph (4) is calculated since the Presidential Decree was enacted.

(6) If the convict during the probationary period as referred to in paragraph (1) shows no commendable attitudes and actions and no hope of improvement, the death penalty can be carried out on the orders of the Attorney General.

Article 101

If the application for clemency for the death row convict is rejected and the death penalty is not carried out for I0 (ten) years since the clemency is rejected, not because the convict has escaped, the death penalty can be changed to life imprisonment with a Presidential Decree.

To be able to change the death penalty to life sentence, there are two things that need to be considered as stated in Article 100 paragraph 1 of the Criminal Code. The following contents:

(1) The judge sentenced him to death with a probationary period of 10 (ten) years taking into account:

If during the trial period the convict is not good and commits a commendable act, then the death penalty cannot be corrected. The death penalty can be carried out on orders from the Attorney General.

Mahfud MD, Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam), said that the new Criminal Code rules for the death penalty could only be applied in three years.

"Yes, it can be if (the death penalty decision) has not been executed, if it has not been executed before 3 years. Later after 10 years, if you behave well, it can be a lifetime. That is a new law," said Mahfud Md in the Pondok Bambu area, East Jakarta, Monday (13/2/2023).

Mahfud MD said that public justice had been applied by brave judges. He asked all the public not to be afraid of anyone. According to him, this is a momentum to fix the world of justice in Indonesia.

That's a review of the rules for the death penalty in the new Criminal Code. The public is satisfied with the justice given by the Panel of Judges. But in addition, the question arises whether the new Criminal Code will affect Ferdy Sambo's death sentence.

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