Prosecutors Can't Apply For PK, Ferdy Sambo's Life Sentence Is Final

Ferdy Sambo/DOK VOI-Rizky Adytia

JAKARTA - Ferdy Sambo has been sentenced to death in the murder case of Joshua Hutabarat alias Brigadier J. The Supreme Court (MA) handed down the life imprisonment verdict to the former Head of the Propam Division. This decision has permanent legal force (inkracht) aka the final.

"It has been signed, it has permanent legal force," said Head of Legal and Public Relations of the Supreme Court, Sobandi, to reporters, Tuesday, August 8.

Prosecutors No Longer Have The Authority To Submit PK

In this case, the prosecutor could no longer apply for a Review (PK) on the Supreme Court's cassation decision with the defendant Ferdy Sambo.

The Constitutional Court in decision Number 33/PUU-XIV/2016 previously stated that the prosecutor was not authorized to file a PK. PK can only be submitted to the convict or his heirs.

According to the Constitutional Court, the prosecutor's authority in submitting PK does not only create legal uncertainty, but this authority also has the potential to cause abuse of authority by prosecutors, especially in terms of submitting PK to cases that incidentally have been declared free or free from all lawsuits.