What Is Life Sentence? This Is The Explanation
YOGYAKARTA - Former Head of Propam Polri Ferdy Sambo was sentenced to life in the alleged murder case of Yosua alias Brigadier J. Apart from this, what is a life sentence?
In general, life sentence refers to sanctions in the form of prisons or underprivileged in prisons that last for life or are equivalent to living wells. Life sentence itself is a type of criminal sanction that is also regulated in the Criminal Code (KUHP).
Although it has been regulated in the Criminal Code, there are two versions of explanations regarding the time that the convict must spend in prison. The first version, life imprisonment is the punishment of a judge whose prison term is the same as the age of a convict. For example, Sambo's age is 40 years, so the length of imprisonment that must be borne is the same as that of 40 years.
While the second version, the prison term that must be taken is life. This means that as long as he is still alive he will continue to languish in prison.
The definition and provisions of the death penalty are explained in the Criminal Code Article 12 paragraph 1 (one) which reads that imprisonment is life or for a certain time. This article is the basis that the sentence that must be served by the convict is life imprisonment.
However, the detention period is also explained in the Criminal Code Article 12 paragraph 4 which reads that imprisonment for a certain period should not be more than twenty years.
Thus, his life imprisonment is based on the age of the convict, which has the potential to violate Article 12 paragraph 4. For example, 40-year-old Sambo will be sentenced to 40 years in prison. This violates Article 12 paragraph 4 because the sentence should not be more than twenty years old.
Quoted from rutanserang.kemenkumham.go.id, life sentence alone has always been an alternative by the judge as a substitute for the death penalty. From here it can be concluded that the life sentence is the prison sentence imposed when the convict is still alive with a period of detention until the convict dies.
However, it should be noted that the life sentence is different from the death penalty. One difference in the death penalty and life is the understanding.
The definition of life sentence then breaks the assumption that the period of life imprisonment is based on the age of the convict when sentenced by the judge. Because these provisions will violate the Criminal Code Article 12 paragraph 4.
As mentioned earlier, Ferdy Sambo is currently being sentenced to life. The prosecutor considered that Sambo's actions were legally and convincingly proven to have committed violations of Article 340 of the Criminal Code. The article reads as follows.
Anyone who intentionally and with a plan first robs another person's life, is threatened, because of premeditated murder, with the death penalty or life imprisonment or for a certain period of time, a maximum of twenty years.
In addition, the Prosecutor considered that there was nothing that became a challenge for Ferdy Sambo, who was the planner for Brigadier J's murder.
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