Ferdy Sambo Sentenced To Death, But The Attorney General's Office Appeals, Here's The Reason

Head of the Legal Information Center (Kapuspenkum) of the Attorney General's Office Ketut Sumedana gives information to the media in a press conference at the Attorney General's Office, Jakarta, Thursday (16/2/2023). ANTARA/Laily Rahmawaty/aa.

JAKARTA - Head of the Legal Information Center (Kapuspenkum) of the Attorney General's Office Ketut Sumedana explained the reasons the public prosecutor (JPU) filed an appeal against the case of Ferdy Sambo and the other three accused in the murder of Brigadier J.

Sumedana said this legal effort was to make a rebuttal of the memorandum of appeal filed by the defendants Ferdy Sambo, Putri Candrawathi, Kuat Ma'ruf, and Ricky Rizal Wibowo.

"This appeal re-emphasizes the truth and accuracy of the decision handed down by the panel of judges of first instance at the South Jakarta District Court," said Sumedana as reported by ANTARA, Monday, February 20.

In his appeal, the defendant attempted to obtain leniency from the verdict of the panel of judges. Meanwhile, the appeal by the public prosecutor is to maintain the verdict handed down by the panel of judges.

The prosecutor will submit a memorandum of appeal as well as a counter-memorandum of appeal in the form of minutes making rebuttals against the defendants who are appealing.

This legal effort, he said, is so that the prosecutor does not lose the right to take further legal action if the high-level judge grants the defendants' appeal.

Prosecutors said Sumedana, have the same right to defend the legal arguments that have been read and contained in the lawsuit.

"The legal arguments that have been contained in the appeal memory and counter appeal memorandum so that equal rights in legal proceedings can be accommodated when submitting cassation legal efforts," he explained.

According to him, the AGO filed an appeal even though all legal considerations had been taken over and the sentences of the five defendants had been increased in the court's verdict.

Prosecutors, he said, apply the principle of equality before the law (equality before the law) in the judicial process and not solely because of differences in strataat (high and low sentences).

However, continued Sumedana, when the high court's decision is in full favour, the prosecutor has the same right to defend the legal arguments that have been read out and contained in the letter of claim and legal arguments that have been contained in the appeal memory and against the appeal memorandum.

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The basis for considering other appeals, he said, is in accordance with the normative rules of criminal procedural law based on the formulation of Article 67 of the Criminal Procedure Code which reads: "The accused or public prosecutor has the right to request an appeal against a court decision of first instance except for an acquittal decision, regardless of all lawsuits related to the problem of the lack of proper application of law and court decisions in speedy proceedings."

"The appeal by the public prosecutor is based on the Guidelines for the Attorney General of the Republic of Indonesia Number 24 of 2021 concerning the Handling of General Crime Cases at point 4 concerning the attitude of the public prosecutor towards court decisions letters k and l," said Sumedana.

In the Attorney General's Guidelines letter K it states that in the case of a defendant filing an appeal, the public prosecutor is obliged to file an appeal by drawing up a memorandum of appeal and counter memorandum of appeal if the defendant makes a memorandum of appeal.

Letter l reads: "Submission of an appeal as referred to in letter k shall be the basis for filing an appeal as stipulated in the provisions of the laws and regulations."