JAKARTA - Criminal law expert, Muhammad Arif Setiawan, said that not everyone was involved in a criminal act when they were at the scene. Because, there must be an agreement or meeting of mind.
"If the form of participating must have a meeting of mind, then not everyone who was there when a crime occurred will participate," said Arif during a trial at the South Jakarta District Court, Monday, January 2.
The statement seemed to defend Strong Ma'ruf. This is because Ferdy Sambo's household assistant (ART) did not do anything during the moments of Brigadier J's shooting.
In addition, Arif also said that with the agreement and understanding related to the crime that occurred at the scene, the person was likely to participate as the perpetrator.
"It depends on whether of all the people there is the same understanding or not for the crime in question," said Arif.
"If there is the same understanding among people there, it means that there is a meeting of his mind, which means he participates," he continued.
But if the opposite or no agreement and understanding, that person is only considered to be in the wrong time and place.
"But if it doesn't exist, it means not participating. It all involves just proof," said Arif.
In the alleged murder case of Brigadier J's premeditated murder, Strong Ma'ruf was charged with premeditated murder of Brigadier J with Ferdy Sambo and Putri Candrawathi, Richard totaling alias Bharada E.
He is said to have helped with the plan. In addition, Strong Ma'ruf also did not try to thwart any malicious intent or report the murder of Brigadier J at Ferdy Sambo's official residence at the Police Complex, Duren Tiga, South Jakarta, on July 8.
In this case, there were five defendants, namely, Ferdy Sambo, Putri Candrawathi, Bharada E, Strong Ma'ruf, and Ricky Rizal, who 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) 1 of the Criminal Code. They face a maximum sentence of death, life imprisonment or a maximum of 20 years.
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