'It's As If' Supporting Ferdy Sambo, An Expert From Kubu Strong Ma'ruf Talks About The Importance Of The Motives In The Murder Case Brigadier J

JAKARTA - A criminal expert from the Faculty of Law (FH) of the Islamic University of Indonesia (UII) Yogyakarta, Muhammad Arif Setiawan, said that the motive is very important in the process of proving a criminal act. Because, it can simplify the form or element of intent.

Muhammad Arif Setiawan was presented as a mitigating witness for the defendant Strong Ma'ruf at the trial of the alleged murder case of Brigadier J on Monday, January 2.

Initially, the criminal expert mentioned the motive which was the driving factor for someone to do something. Then, begin to mention the linkage of the motive in the murder case.

"Understanding that motive can make it easier to understand intentional elements because of intent, there is something that must be proven in the form of knowing, and understanding an act that he has done so that thus knowing the motive makes it easier to find out the intention of someone to commit an act," said Arif at the trial at the South Jakarta District Court.

In addition, according to his view, the motive must be revealed because it is very useful as a consideration of the panel of judges at the trial. In particular, when determining the criminal sanctions against the defendant.

"As a consideration whether the motive can be a match or aggravating a crime if the elements in the offense are proven," said Arif.

The statement also seemed to support Ferdy Sambo. Because, through the criminal experts he presented at the previous trial, it was also stated that the motive was considered important in the evidentiary process.

"In my opinion, that motive is something that needs to be revealed. The motive will give birth to will, and then that will give birth to intentional," said Elwi Danil.

According to him, although the motive is not the core part of a case, it is the background of a person to commit an alleged crime.

From that motive, it can be an entry point in the evidentiary process. For example, about the element of intent.

"Therefore, because of the importance of revealing it, I think in the context of proving the element of intent it becomes important and relevant," he said.

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In this case, Strong Ma'ruf was charged with premeditated murder of Brigadier J with Ferdy Sambo and Putri Candrawathi, Richard totaling alias Bharada E.

In the indictment, Richard Eliezrer shot Brigadier J at Ferdy Sambo's official residence at the Police Complex, Duren Tiga, South Jakarta, on July 8.

The shooting was also mentioned on the orders of Sambo, who at that time was still the Head of the National Police's Professional and Security Division (Kadiv Propam).

Thus, Ferdy Sambo, Putri Candrawathi, Bharada E, Strong Ma'ruf, and Ricky Rizal, were charged with violating Article 340 of the Criminal Code, subsidiary to Article 338 of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code. They face a maximum sentence of death, life imprisonment or a maximum of 20 years.