The defendant Richard totaling alias Bharada E was sentenced to 1 year and 6 months in prison in the premeditated murder case against Yosua alias Brigadier J. One of his considerations was that Bharada E was considered to have made the case clear.
However, there is a difference in perspective between the panel of judges and the public prosecutor (JPU) in this case.
From the side of the panel of judges, Bharada E's honesty in providing information made the buzzel of events that were divided into a series of elements of the murder of Brigadier J.
"The facts of the trial have shown that the defendant Richard totaling Pudihan Lumiu has made light of the case of the loss of Yosua's life with honest, consistent, logical information and in accordance with other remaining evidence available," said Judge Alimin Ribut Sudjono during a trial at the South Jakarta District Court, Wednesday, February 15.
In fact, the honesty he conveyed had the potential for bad things to happen to him and even his family.
This basis is one of the reasons the panel of judges granted the justice collaborator request submitted by Bharada E.
"So it is very helpful for the aquo case to be revealed even though for that the defendant puts the defendant in a very dangerous position and situation considering the defendant practically walked alone," said Judge Alimin.
From the side of the prosecutor who was then represented by the Attorney General's Office, it was stated that if Bharada E was not a figure who made light of the murder case of Brigadier J.
From the prosecutor's point of view, the figure who uncovered the case was Brigadier J's family. Because they were the first to protest when they opened the coffin of Brigadier J.
"So, he is not a booster, revealing one of the first legal facts, namely the victim's family. That is a consideration," said Head of the Attorney General's Office for Legal Information, Ketut Sumedana.
In fact, the prosecutor considered that Bharada E had an active role in the murder case. He is the executor of the shooting of Brigadier J.
So, continued Ketut, the team of prosecutors assessed that Ferdy Sambo's former subordinate could not be considered for justice collaborator (JC).
"But, he is the main actor so he cannot be considered as the one who must get the JC. It is also in accordance with Sema Number 4/2011 and the Witness and Victim Protection Law," he said.
However, in the indictment, the prosecutor's team still included the status of JC Bharada E which was pinned by the Witness and Victim Protection Agency (LPSK). So, only 12 years in prison.
"Recommendations from the Witness and Victim Protection Agency (LPSK) against Richard totaling Pudihang Lumiu to get JC have been accommodated in the indictment," said Ketut.
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