Obstruction Of Justice In The Case Of Ferdy Sambo And The Threat Of Punishment For The Perpetrators

Komisi Kode Etik Polri, hingga Kamis (8/9) telah melakukan lima kali sidang etik terkait kasus pembunuhan Brigadier J. Pertama adalah sidang etik Irjen Ferdy Sambo pada 26 Agustus 2022. (Antara/M Risyal Hidayat)

JAKARTA - The Special Inspectorate (Irsus) of the National Police has examined 97 personnel related to the murder case of Brigadier Nofriansyah Yosua Hutabarat (Brigadir J). Of this number, 28 people were named as suspected violators of ethics and 7 people as suspects in the collapse of justice, hindering the legal process. The imposition of sanctions will be determined through an ethics trial.

We sorted only 35 people, according to the weight of their respective roles. Whether the person concerned is under pressure, do they not know that what they are doing is part of the scenario, or even they are involved in the scenario. This is an ethics trial that will determine the sanctions," said National Police Chief General Listyo Sigit Prabowo in a Hearing Meeting with Commission III of the Indonesian House of Representatives on August 24, 2022.

To date, five times the Police Code of Ethics Commission has held an ethics trial related to the case, the details are as follows:

Banding is the right of violators because appeals are regulated in Article 69 of Police Regulation Number 7 of 2022. So the appeal will still be processed by the Head of the Profession Profession Bureau of the Propam Division of the National Police," said Head of the Public Relations Division of the National Police Inspector General Dedi Prasetyo, Wednesday (7/9).

The other three suspects are still waiting for the trial schedule. They are the former Karopaminal Division of the National Police Propam Brigadier General Hendra Kurniawan, former Deputy Head of the B Biropaminal Division of the National Police Propam AKBP Arif Rahman Arifin, Former Head of Subnit I Sub-Directorate III of the National Police Criminal Investigation Agency AKP Irfan Widyanto.

"The violation of AKP Dyah was classified as a moderate violation, namely in the form of unprofessionalness in the management of official firearms. The article that was violated was Article 5 paragraph 1 letter C of Police Regulation 7 of 2022, namely carrying out duties and authorities and responsibilities professionally, proportionally, and procedurally," said Head of the Penum Division Kombes Nurul Azizah at the National Police Headquarters, Jakarta, Thursday (8/9).

A total of 27 other ethical violators are also still waiting for the trial schedule.

Article 107 of Perpol Number 7 of 2022 concerning the Professional Code of Ethics and the Police Code of Ethics Commission (KKEP) states that Polri officers who commit violations are subject to sanctions in the form of: ethical sanctions and/or administrative sanctions.

Furthermore, in accordance with Article 108, ethical sanctions include:

"The sanction is imposed on violators who commit violations in the light category," reads Article 108 paragraph 2.

Meanwhile, administrative sanctions are regulated in Article 109 including:

"Administrative sanctions can be imposed on alleged violators who commit violations in moderate and severe categories," reads Article 109 paragraph 2.

Then, Article 110: (1) The imposition of sanctions as referred to in Article 107, is cumulative and/or alternative in accordance with the assessment and consideration of the KKEP Session. (2) The imposition of KEPP sanctions does not abolish criminal and/or civil charges.(3) The imposition of KEPP sanctions died due to the alleged perpetrator who died.

Article 111: (1) Against the alleged KEPP violators who are threatened with PTDH sanctions are given the opportunity to submit resignations from the National Police on the basis of certain considerations before the implementation of the KKEP Session.

"A certain consideration in question is: Having a service period of at least 20 years; Having good achievements, performance, and contributing to the Police, nation and state before committing a violation; Do not commit a criminal act that is threatened with a maximum imprisonment of 5 (five) years," according to paragraph 2 of article 111.