Ferdy Sambo's Session: Antara Pasal Pembunuhan Berencana Dan Pembunuhan Biasa

Ferdy Sambo was escorted by officers to a tactical vehicle during the process of transferring the second phase of case files at the Attorney General's Office Building, Jakarta, Wednesday (5/10/2022). (Between/Indrianto Eko Suwarso)

With his cunning sense, Ferdy Sambo (FS) tried to obscure the shooting incident of Brigadier Nofriansyah Yosua Hutabarat (Yosua) by eliminating evidence at the scene.

In fact, as a high-ranking National Police officer who serves as the Head of the Propam Division, FS should show an example that reflects the soul of the Knight and is wise in dealing with it. By still upholding truth and justice. As well as maintaining the safety of the body and body of its members.

But worse, FS actually showed disgraceful behavior by spreading the story of a scenario that had been designed in such a way just to defend itself and instead transferred all the mistakes to the victim Yosua who was accused of doing something in Magelang. In fact, the truth is not yet known.

The Public Prosecutor conveyed this in Ferdy Sambo's first trial in the alleged murder case against Nofriansyah Yosua Hutabarat (Yosua) at the South Jakarta District Court, Monday (17/10).

The Public Prosecutor delivered the first primary indictment, the defendant Ferdy Sambo (FS) together with Richard totaling (RE), Putri Candrawathi (PC), Ricky Rizal (RR), and Strong Maruf (KM) were charged in a separate case, on Friday, July 8, 2022, at around 15.28 WIB-18.00 WIB or at least at other times in July 2022 at Jalan Saguling 3 No.29 and at Duren Tiga Service House No.46.

Or at least in a place that is still included in the jurisdiction of the South Jakarta District Court, which has the authority to try those who commit, order to do, and participate in committing acts intentionally and with a plan to first take the lives of others.

"The FS act is punishable by Article 340 of the Criminal Code in conjunction with Article 55 paragraph 1 of the Criminal Code. For the subsidiary indictment to FS, we suspect that the subsidiary article is the article on the actions of the defendant FS as regulated and threatened with punishment in Article 338 of the Criminal Code in conjunction with Article 55 paragraph 1 of the Criminal Code," said the Public Prosecutor.

Article 340 of the Criminal Code, anyone who intentionally and with a plan first takes the life of another person, is threatened with murder with a plan, with the death penalty or life imprisonment or for a certain period of time, a maximum of 20 years.

Meanwhile, Article 338 of the Criminal Code reads "Whoever deliberately takes the life of another person, is threatened with murder with a maximum imprisonment of 15 years."

As for the second primary indictment, the Public Prosecutor said that as a result of FS' actions together with Hendra Kurniawan, Arif Rahman Arifin, Chuck Putranto, Baiquni Wibowo, Agus Nur Patria, Irfan Widianto, each in a separate case file took and replaced the CCTV DVR at the Police Complex security post without the permission and knowledge of the RT chairman.

Then, damaging and destroying copies of CCTV footage caused the electronic system and or electronic system to not work properly.

The defendant FS wanted this act. Then proceed with the precise strategy of meeting RE, RR, and KM in the examination room of the Provos Bureau on the 3rd floor and asking the three of them to share ideas as the story scenario that had been engineered and made by FS previously for the shooting of Yosua Hutabarat, "The Public Prosecutor explained.

Furthermore, FS summoned Hendra Kurniawan, Benny Ali, Agus Nur then conveyed and influenced him by saying, "Please colleagues for this problem to be processed as is appropriate for the incident at the crime scene of witness testimony and evidence that was secured. For the incident in Magelang, there is no need to question, departing from the incident in Duren. Three, it's good for handling the follow-up in Paminal only.

In fact, the shooting of Yosua was a criminal act of crime, namely taking the life of another person. Paminal authorities in terms of internal security for Polri members related to disciplinary violations and police SOPs and are not tasked with or have functions in terms of investigations of general crimes.

FS's intent and purpose was to engineer and compose a story that was not actually the goal of covering up the facts of Yosua's death at the FS official residence.

FS' actions as regulated and threatened with crime in Article 49 in conjunction with Article 33 of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions in conjunction with Article 55 paragraph 1 of the Criminal Code.

Subsidiary that the defendant FS together with Hendra Kurniawan, Arif Rahman Arifin, Cuk Putranto, Baiquni, Agus Nurpatra, Irfan Widianto, each in a separate case file on Saturday 9 July at around 07.30 WIB until Thursday, July 14, 2022 at around 21.00 WIB. Or at least in July 2022, at the security post of the Duren Tiga Police complex, or at least elsewhere that is still included in the jurisdiction of the South Jakarta District Court.

Those who commit, order to do, and participate in committing acts by intentionally destroying, damaging, making them unusable, eliminating items used to convince or prove something in front of an authorized ruler of deed, letters or registers that are at the behest of a general ruler continuous or temporarily stored or handed over to an official or to another person for the public interest.

The actions of the defendant FS as contained in the indictment are regulated and subject to criminal penalties in Article 48 in conjunction with Article 32 paragraph 1 of Law Number 19 of 2016, concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions in conjunction with Article 55 paragraph 1 of the Criminal Code.

Or, secondly, in Article 223 of the Criminal Code in conjunction with 55 paragraph 1 to 1 of the Criminal Code.

Subsidiaries that those who commit, order to commit, and participate in commit acts. Anyone who is ordered to commit a crime and with the intention of covering it up or obstructing or favoring an investigation or prosecution.

To destroy, eliminate, hide objects against anywhere or where crimes have been committed or other former crimes or withdraw from investigations carried out by justice officials or the police as well as by others who are according to the provisions of the law continuously or temporarily handed over by police officials.

The defendant FS's actions are as regulated in Article 221 paragraph 1 2 in conjunction with Article 55 paragraph 1 1 of the Criminal Code.

Jakarta October 5, 2022, signed by Public Prosecutor Rudi Himawan, The Public Prosecutor closed.