Criminal law expert Elwi Danil said all elements of the article charged in the alleged murder case of Brigadier J must be proven by two pieces of evidence. If not, all defendants, including Ferdy Sambo and Putri Candrawati, must be acquitted.
This statement was made by Elwi Danil when answering a question from Rasamala Aritonang as Ferdy Sambo and Putri Candrawathi's legal adviser who talked about proving the elements in the indictment offense.
"In the proof that we are talking about 340 338, should the proof of all elements be proven if two pieces of evidence are used enough to prove all elements or each element must be proven, each of which is at least two pieces of evidence?" asked Rasamala during a trial at the South Jakarta District Court (PN Jaksel), Tuesday, December 27.
Elwi also began to explain that the Indonesian criminal law adhered to a dualistic theory. The theory separates unlawful acts from criminal liability, one of which is a mistake.
"In the formulation of criminal acts there are phrases that point to actions and some point to accountability. Now it is related to the minimum system of evidence, then of course the consequences of all elements in the article must be supported by 2 pieces of evidence," he said.
"The element of intent of 2 pieces of evidence, the element is planned in advance 2 pieces of evidence, the element of killing another person must be 2 pieces of evidence. Even though in the end the 2 pieces of evidence are still the same evidence, but must concretely point to the element to the offense that will be proven," continued Danil.
Then, Rasamala began to question the consequences if the two pieces of evidence were not fulfilled.
Then, the expert said that if the indictment was not proven with two pieces of evidence, then the defendants must be acquitted.
"If the article charged is in accordance with the legal principle of the actori incumbit probatio, the actori onus probability: who is charged then he must prove his indictment. When he cannot prove his charges, the consequences are that the person charged must be acquitted, "said Danil.
For information, in the alleged murder case of Brigadier J, there were five defendants. They are Ferdy Sambo, Putri Candrawati, Bharada Richard totaling, Bripka Ricky Rizal and Strong Ma'ruf.
In that case, they 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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