JAKARTA - A criminal law expert from the Ferdy Sambo camp, Said Karim, alluded to calm which was considered an absolute element of planning a murder as regulated in Article 340 of the Criminal Code.
According to him, the article requires the position of the perpetrator to be in a calm state thinking about planning his crime.
However, not for Ferdy Sambo. The former Head of Propam Division is not considered to be in a calm state. Thus, the elements of Article 340 of the Criminal Code which were charged in the alleged murder case were deemed not fulfilled.
"In my opinion, as an expert, he is no longer in a calm state," Said said during a trial at the South Jakarta District Court, Tuesday, January 3.
The uneasy situation from Ferdy Sambo was mentioned because he was still in an emotional state hearing information that his wife, Putri Candrawathi, was harassed by Brigadier J.
So, Ferdy Sambo's angry condition was considered by Said as a natural thing.
"All normal men in the world, when they hear the news that their wives have been raped, I believe and believe they will be angry unless they are abnormal. But if he is normal, his blood boils, it peaks his anger, because it is a dignity and must be maintained," said Said.
Nevertheless, Said said that if the element is calm or not, it depends on the psychological aspect. So, it must be explored psychologically.
"But regarding calm and calm, it is a heinous aspect, so it is explained by forensic psychologists," said Said.
In the indictment, Ferdy Sambo is said to have planned the shooting of Brigadier J on the third floor of Saguling's house, Duren Tiga, South Jakarta.
He had asked the defendant Ricky Rizal to shoot Brigadier J. However, the request was rejected on the grounds that he was not mentally strong.
So, Ferdy Sambo asked Bharada Richard totaling. At that time, he agreed.
Ferdy Sambo was charged with violating Article 340 of the Criminal Code, subsidiary to Article 338 of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code. They face a maximum sentence of death, life imprisonment or a maximum of 20 years.
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