Inspector General Ferdy Sambo Charged With Article 340 Of The Criminal Code With The Death Penalty, What's In It?

Inspector General Ferdy Sambo/DOK Public Relations of the Police

JAKARTA - Inspector General Ferdy Sambo has been named a suspect in the murder case of Brigadier Nopryansah Yosua Hutabarat or Brigadier J. The new suspect in this case was announced directly by the National Police Chief, General Listyo Sigit Prabowo.

"Timsus has named brother FS as a suspect," said Sigit at a press conference at the National Police Headquarters, Jakarta, Tuesday, August 9.

Sigit revealed the role of Ferdy Sambo in the shooting case against Brigadier J at his halfway house on July 8. The former Head of the National Police Propam Division allegedly ordered Bharada Richard Eliezer (Bharada E) to kill Brigadier J.

Inspector General Ferdy Sambo is also suspected of devising a scenario as if Brigadier J was killed in a shootout. However, regarding the motive for the murder, the National Police Chief said his party was still investigating.

Besides Ferdy Sambo, the National Police Chief also named another new suspect with the initials KM. However, Listyo has not explained about KM.

With the stipulation of Ferdy Sambo and KM, there are a total of four suspects in the case of Brigadier J's murder, namely Bharada Eliezer (E), Brigadier Ricky Rizal (RR), Inspector General Ferdy Sambo, and KM.

All suspects were charged with Article 340 subsidiary Article 338 in conjunction with Article 55 in conjunction with Article 56 of the Criminal Code and threatened with a maximum sentence of death penalty.

The following is an explanation regarding Article 340 of the Criminal Code in conjunction with Article 55 in conjunction with Article 56 of the Criminal Code:

ARTICLE 340 KUHP

Premeditated murder is a crime of taking another person's life or killing, which begins with planning the method and time of execution, and of course aims to ensure that the action is carried out successfully and can avoid arrest by law enforcement.

Meanwhile, Article 338 of the Criminal Code is known as ordinary or spontaneous murder. Ordinary murder is a crime in which the intention and the time of execution are carried out simultaneously. Or in other words, this murder is carried out when the perpetrator has the desire to kill the victim, and is executed immediately.

Article 340 of the Criminal Code concerning Premeditated Murder (Moord), is:

"Whoever intentionally and premeditated takes the life of another, is threatened with premeditated murder, with a death penalty, or imprisonment for life, or for a certain period of time, a maximum of twenty years."

The elements of a premeditated murder include; Subjective Elements (a) Deliberately (b) By planning in advance. Objective Elements (a) The act of taking a life (b) The object is the life of another person.

This premeditated murder itself consists of Article 338 murder, plus there is an element of premeditated crime, the punishment will be heavier. This is because the elements are planned in advance, before being implemented.

Basically, there are three things that become the basis for it to be considered as premeditated murder, namely (1) Deciding one's will/intention in a calm state; (2) Availability of sufficient time from the emergence of the will/intention to the execution of the murder; (3) Execution of the will/intention (actions in a calm atmosphere

The meaning of the sentence deciding the intention in a calm state here, is the inner mood he had, before deciding to plan murder. In other words, before deciding to kill, everything, including the pros and cons, has been thought out, considered, and reviewed by the perpetrator concerned.

While the availability of grace period referred to in this premeditated murder is, the time taken before someone decides to carry out his killing intent earlier.

Not too short, because it can result in no opportunity to think carefully. However, it is not too far away, because if it is too long, it will result in the loss of connection between the making of intentions and the execution time of the murder.

Furthermore, it is done in a calm mood, meaning that the perpetrator is not in high anger, excessive fear, or in a hurry.

Thus, the three elements that make up the occurrence of a premeditated murder, are cumulative in nature, and are interrelated with one another, becoming an inseparable unit.

On this basis, a premeditated murder is said to be the most sadistic act of killing a person's life compared to other murders. The highest punishment is the death penalty

Articles 55 and 56 of the Criminal Code

In addition to Article 340 of the Criminal Code, the suspect is also charged with Articles 55 and 56 of the Criminal Code regarding participation in criminal acts. The texts of Article 55 and 56 of the Criminal Code are as follows:

Article 55 of the Criminal Code Paragraph 1:

Convicted as a perpetrator of a crime:

1. those who do, who order to do, and who participate in doing the deed;

2. those who by giving or promising something by abusing their power or dignity, by force, threat or misdirection, or by providing opportunities, means or

information, intentionally encouraging others to do something

Article 55 of the Criminal Code Paragraph 2:

Against the proponent, only actions that are intentionally recommended are taken into account, along with their consequences.

Article 56 of the Criminal Code:

Convicted of being an accomplice to a crime:

1. those who intentionally provide assistance when a crime is committed

2. those who deliberately provide opportunities, means or information to commit crimes.