JAKARTA - Criminal law expert Elwi Danil is of the view that motives in a case need to be clearly disclosed. Because, it is one of the important things in the process of proving, especially the alleged murder case of Brigadier J.
Elwi Danil conveyed his remarks when presented as a mitigating expert in the trial of the alleged murder of Brigadier J for the defendants Ferdy Sambo and Putri Candrawathi. The trial was held at the South Jakarta District Court, Tuesday, December 27.
"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 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.
In fact, Danil also gave an overview of the importance of revealing motives in the trial. Because, it is very influential in deciding sanctions.
An example of the case chosen is the theft of chickens. In that case, there are three defendants.
The first defendant stole with the motive of redeeming medicine for his sick son. Thus, he was sentenced to 3 months in prison.
Then, the second defendant committed a similar crime. However, the motive behind it is to get money to go with his girlfriend. He was also sentenced to 6 months in prison.
Meanwhile, the third defendant stole chickens to buy drugs. Thus, he must undergo a 9-month prison sentence.
"Well, why is it that a similar behavior can be subject to different crimes, even a considerable disparity of punishment between one act and another," said Danil.
In the premeditated murder case of Brigadier J, the motive for what was revealed was Ferdy Sambo's annoyance that his former aide had raped his wife, Putri Candrawathi.
The rape, said to have occurred in Magelang on July 7. However, until now there has been no strong evidence that can convince if the rape actually took place.
Meanwhile, Ferdy Sambo and Putri Candrawathi 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 to (1) of the Criminal Code with a maximum threat of death penalty, life imprisonment or a maximum of 20 years.
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