The defendant Richard totaled and defendant Ferdy Sambo gave a different statement regarding the murder of Brigadier Nofriansyah Yosua Hutabarat at trial. Richard claimed to have shot Yosua on orders from Ferdy Sambo.
As an aide who only holds the rank of Bharada, Richard reasoned that he could not refuse orders from his superior, Ferdy Sambo, who at that time was a inspector general.
Meanwhile, Ferdy Sambo remained adamant and never ordered Richard to shoot Yosua, his orders were just beating, not shooting.
To prove his statement and at the same time convince the judge, the defendant Richard's legal advisor team presented an expert witness in the follow-up trial of the murder of Brigadier Nofriansyah Yosua Hutabarat at the South Jakarta District Court on December 26, 2022.
The expert witnesses presented included a member of the Center for the Correctional Assessment of the Immigration Polytechnic of the Ministry of Law and Human Rights, Reza Indragiri Amriel.
According to Reza, there are two basic questions to test a criminal act committed by a person in a sane condition. First, to what extent the perpetrator understands what he did. Second, to what extent the perpetrator has the will towards the evil act he committed.
If the test results show that the perpetrator has a complete understanding and will of what he has done, then the perpetrator is fully responsible.
On the other hand, if the perpetrator does not have an understanding and will of his actions, the perpetrator will deny the accusations of a criminal act he committed.
However, if there is dynamics, the perpetrator understands but does not want or does not understand but wants, then the perpetrator is partly responsible.
Of course, talking about this understanding is relegated, not black or white. It is the same with talking about human intelligence and levels. That's why it is necessary to review the weight or level of understanding and will of the perpetrator for his malicious behavior or actions," Reza explained from his expertise in forensic psychology.
When referring to Reza's statement, Richard is classified as the perpetrator who understands but doesn't want to. To what extent is the weight of this dynamic, this must be tested more deeply.
Reza believes that as a social being, no human exists without being influenced by the surrounding environment. This influence will change a person's understanding of doing something.
In macro dimensions, humans cannot be separated from their social environment, organization, company, or group as their shelter. In micro dimensions, human direct relationships or experiences with their families, schools, and age groups can also have an influence on one's understanding. Likewise in meso dimensions, the relationship between those environments.
"I started (explanation) from the macro dimension, once again I assess Richard and Ferdy Sambo are part of the police institution," said Reza in response to a legal advisor's question about the influence of pressure on Richard from a psychological perspective.
In the police organization, there is one very vital instrument that every personnel must have, namely the spirit of the correlation. This, according to Reza, is a source of stamina, energy source, a source of existence for every member of the police.
The spirit of corona is manifested from the loyal behavior of friends. They use the same vocabulary, the same way of thinking, showing obedience, obedience, obedience, and uniformity.
However, it is undeniable, from the results of the study, there is a spirit of correlation that appears in the form of irregularities. For example, covering up colleagues' mistakes. Then, remain obedient and obedient, and do not provide correction even though they know that the order given to him is wrong.
Like Richard or Ferdy Sambo. According to Reza, Because these two names were mentioned by the legal advisory team. We cannot ignore the spirit of the corona, including the existence of a deviant spirit of the corresa, which they did.
"It should have continued to the micro dimension, but because I don't know Richard and have never communicated directly with him, I can't explain," continued Reza.
Reza continues to explain meso dimensions. He mapped these dimensions with interactions between Richard and Ferdy Sambo in general.
"Earlier, as I recall, a legal advisor mentioned the word pressure, that Richard was said to have committed a criminal act because he was under pressure from Ferdy Sambo," he said.
In forensic psychology terms, the interactions that occur between the two are referred to as superorders defense. 3 stages of testing is needed to ensure, confirm whether Richard's claims are acceptable or not.
First, you have to be able to be convinced first, whether the pressure really exists, or just subjective. Reza said, "If the test results ensure that the pressure is objective, it will only enter the second stage."
Does he have the opportunity, ability, strength, authority, any instrument he can use to escape from the pressure situation?
"If the stage is convinced that the person concerned does not have the opportunity, does not have the ability, does not have the authority, does not have the strength or any other instrument that allows the person concerned to stay away from the pressure situation, then enters the third test phase," Reza continued.
What are the real consequences for the perpetrators if he opposes, resists, or avoids these pressures?
If the three stages of testing can give confidence, then the conclusion is that the superorders defense can be accepted. On the other hand, said Reza, "If in the test the three stages swing, of course it needs to be explored further."
"Of course, in addition to the three-dimensional deepening, to obtain more comprehensive and concrete data regarding the pressure the perpetrators receive, further testing is needed regarding the whereabouts of Richard and Ferdy Sambo in a crime situation," added Reza.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
