3 Reasons Supreme Court Cancels Sambo's Death Sentence

Ferdy Sambo/DOK ANTARA

YOGAKARTA The defendant in the murder case of Brigadier Nofriansyah Yosua Hutabarat alias Brigadier J, Ferdy Sambo, has been sentenced to death. The Supreme Court (MA) granted the cassation filed by the former Head of the Propam Division by changing the verdict to life imprisonment. So, what is the reason for the Supreme Court to cancel Sambo's death sentence?

For information, in the first instance court, Ferdy Sambo was sentenced to death by the Panel of Judges at the South Jakatar District Court (PN Jaksel). The verdict is higher than the prosecutor's statement asking the judge to impose a life sentence on Sambo.

Not accepting the verdict, Ferdy Sambo filed an appeal. However, the appeal was rejected and was even strengthened by the DKI Jakarta High Court (PT).

Next, Sambo filed an appeal to the Supreme Court. By the Supreme Court, the sentence was cut to life in prison.

The trial of the verdict on the cassation filed by Ferdy Sambo was tried by five Supreme Court Judges, namely Supreme Court Justice Suhadi as Assembly Chair, along with four members namely Suharto, Jupriyadi, Desnayeti, and Yohanes Priyana.

In the trial, there were a number of reasons why the judge eased Ferdy Sambo's verdict, along with the details:

1. Ferdy Sambo is considered to have contributed to the state

According to the Supreme Court, Ferdy Sambo has contributed to the state during his time as a member of the Bhayangkara Corps.

For this reason, the Cassation Council changed the death sentence against Ferdy Sambo in the premeditated murder case of Brigadier J, to life.

"The defendant while serving as a member of the Indonesian National Police with the last position as Head of the Propam Division has contributed to the state by contributing to maintaining order and security and enforcing the law in the country," reads the cassation decision, quoted by VOI, Tuesday, August 29, 2023.

"The defendant has served as a member of the National Police for approximately 30 years," continued the Cassation Council.

2. Ferdy Sambo admits his mistake

Apart from being considered meritorious to the state, Ferdy Sambo has also admitted his guilt and is ready to take responsibility for his actions, so that he is in line with the purpose of punishment who wants to foster regret for the perpetrators of criminal acts.

"With these considerations, connected with the overall legal facts of the a quo case, for the sake of the principle of fair legal certainty and proportionality in punishment, the death penalty that has been handed down by judex facti to the defendant needs to be corrected to life imprisonment," reads the judge's decision as stated in the complete copy of case decision number: 813 K/Pid/2023.

3. MA considers the death penalty as a special crime

The reason why the Supreme Court canceled Sambo's death sentence was also because it paid attention to the goals and guidelines for criminal law, as well as the politics of national criminal law after the enactment of Law Number 1 of 2023 concerning the Criminal Code.

The death penalty is considered a special crime, not a poko crime, so that the political spirit of punishment law in Indonesia has shifted from the paradigm of retribute/retaliatory/lex stalionis to a rehabilitative paradigm that prioritizes the purpose of punishment as a means of prevention, correction/rehabilitation, resolution of conflict/recovery of balance, creation of security and peace as well as growing regret for convicts.

"Given the whole series of premeditated murder events carried out by the defendant against the victim Nofriansyah Yosua Hutabarat, it is necessary to look back clearly, wisely and wisely by prioritizing the principles of objectiveity and proportionality of the defendant's mistakes against the actions committed, so that the imposition of crimes against the defendant in the a quo case must really consider various aspects, both philosophical, sociological and normative, to the point of being felt fair and beneficial, not only for the victim/family, but also for the defendant and the community in general by upholding fair legal certainty values," said Hakim.

That's information about the reason why the Supreme Court canceled Sambo's death sentence. Get news updates of other options only on VOI.ID.