Quoting The Contents Of Article 340 Of The Criminal Code Concerning The Sentence Of Disastered Premeditated Murder Ferdy Sambo, A Suspect In The Brigadier Case J

Ferdy Sambo and his wife Putri Candrawathi. (Between).

YOGYAKARTA The suspect in the murder case of Novriansyah Yosua Hutabarat (Brigadir J), Ferdy Sambo, was charged with Article 340 of the Criminal Code concerning the Sentence of Planning.

In addition, three other suspects, namely Richard totaling (Bharada E), Ricky Rizal (Bripka RR), and Strong Maruf (KM) who helped and witnessed the shooting of the victim were also charged with the same article.

"Based on their respective roles, investigators apply Article 340 subsidiary Article 338 in conjunction with Articles 55 and 56 of the Criminal Code with a maximum threat of death penalty, life imprisonment, or a maximum imprisonment of 20 years," said the Head of the Criminal Investigation Unit of the National Police, Komjen Agus Andrianto in early August, quoted from VOI.

Later, Ferdy Sambo's wife, Putri Candrawathi, was also charged with Article 340 of the Criminal Code for allegedly being involved in the case of resolving Brigadier J. So what is the contents of the article?

According to Article 340 of the Criminal Code, the perpetrators of the death plan are threatened with the death penalty, life sentence, or a certain period of up to 20 years.

As for Article 340 in the Criminal Code (KUHP) it reads, "Whoever intentionally and with a plan first takes the life of another person, is threatened with murder with a plan, with the death penalty or life imprisonment or for a certain period of time, a maximum of twenty years.

Meanwhile, what is meant by premeditated murder is a crime that takes the life of another person or kills, which begins with planning on the method and time of implementation, and of course aims to ensure that this action is successful and can avoid the arrest of law enforcement officials.

The elements of premeditated murder are; The Subjective Element (a) intentionally (b) With a plan first. The Objective Element (a) The act of killing (b) The object is the life of another person.

This premeditated murder itself consists of the murder of Article 338, coupled with the existence of elements planned in advance, the criminal threat will be heavier. This is because the element is planned first, before it is implemented.

The contents of Article 338 are:

"Whoever deliberately takes the life of another person is threatened with murder with a maximum imprisonment of fifteen years".

Basically, there are three things that form the basis for being considered premeditated murder, including:

The meaning of the sentence of deciding the intention to remain calm here is the inner atmosphere he has, before deciding to plan a murder. In other words, before deciding to kill, everything including profit and harm, has been considered, considered, and reviewed by the perpetrator concerned.

Meanwhile, the availability of the grace period referred to in this premeditated murder is, the time taken before someone decides to carry out the intention of killing him earlier.

Not too short, because it can result in no chance to think carefully. However, it is not too far, because if it takes too long, it will result in a loss of link between taking the intention and the time for the execution of the murder.

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

So, the three elements that form the occurrence of this premeditated murder, are cumulative in nature, and are related to each other, becoming an inseparable unit.

On this basis, a premeditated murder is said to be an act of removing the life of the most sadistic compared to other killings. The highest penalty is the death penalty.

Thus reads Article 340 of the Criminal Code concerning the Sentence of Premeditated Murder that ensnared Ferdy Sambo, Putri Candrawathi, Bharada E, Bripka RR and KM in the murder case of Brigadier J.