JAKARTA – Ferdy Sambo and Putri Candrawathi as defendants in the murder of his aide, Brigadier Nofriansyah Yosua Hutabarat will undergo a sentencing hearing at the South Jakarta District Court on Monday 13 February 2023.
Will the panel of judges give a sentence in accordance with the demands of the prosecutor? Aggravating the demands or mitigating them?
ASA Indonesia Institute researcher Reza Indragiri Amriel dissects it through a strategic model (SM) psychological approach. There are three targets that can be achieved when the judge uses SM when deciding on the case of Ferdy Sambo and Putri Candrawathi.
First, the judge certainly wants to be a justice of the Supreme Court. Including judge Wahyu Iman Santoso as chairman of the trial, as well as Morgan Simanjuntak and Alimin Ribut Sujono as members of the panel of judges. In order to reach that position, they must have an impressive portfolio of gold decisions.
"So, if the panel of judges is able to impose the maximum sentence against Ferdy Sambo, if he is found guilty, then the text of their decision will later become an asset to compete for the seat of supreme justice," said Reza in a written message to VOI on February 12, 2023.
Second, the public's belief that Ferdy Sambo and Putri Candrawathi are the culprits of this incident is very large. The public even plainly wanted Ferdy Sambo to be executed.
If the panel of judges later sentences Ferdy Sambo lightly, the reputation of the Supreme Court in the survey in the eyes of the public will be very negative.
“That's why the judge's decision must include a severe, even toughest sentence for Ferdy Sambo. Later the decision will be produced as an instrument to protect the reputation of the Supreme Court. This decision is also like an antidote to the recent arrest of Supreme Court justices by the Corruption Eradication Commission," Reza continued.
Third, this is a moment to improve the atmosphere of law enforcement in Indonesia which is currently in disarray. Ferdy Sambo reportedly has extraordinary wealth. Convicts who have financial strength will be able to buy the law and carry out various criminal acts from within the prison.
Through their decisions, the panel of judges can contribute to making Indonesia safer, for the world of law enforcement to be more dignified, and for the accused not to commit crimes again. The death penalty is an appropriate option for these purposes.
"If the panel of judges also thinks that way, then such a strategic model will very likely lead to the death penalty for Ferdy Sambo. Princesses can be like that too," he said.
What is certain, added Reza, “The safety of the judges must be guaranteed. By working quietly, their horizons of thought will be widened.”
Previously, the prosecutor demanded that the defendant Ferdy Sambo be sentenced to life in prison because he was believed to have committed the premeditated murder of Yosua and destroyed electronic evidence related to the murder.
As for the defendant Putri, the prosecutor demanded a sentence of eight years in prison. Prosecutors consider Putri Candrawathi legally and convincingly guilty of participating in the premeditated murder of Yosua.
Presumably, this is the most difficult task that will be faced by judge Wahyu, judge Morgan, and judge Alimin. It is their judgment and belief that will determine the fate of the couple Ferdy Sambo and Putri Candrawathi.
Judge's Difficult Task
The Criminal Procedure Code (KUHAP) as a guideline for judges does not specify the severity or lightness of the sentence imposed. It only determines whether the accused is found not guilty or guilty.
If the court is of the opinion that based on the results of the examination at trial, the guilt of the defendant for the actions charged against him has not been legally and convincingly proven, then the defendant is acquitted according to Article 191 of the Criminal Code.
Conversely, if the court is of the opinion that the defendant is guilty of committing the crime for which he was charged, then the court imposes a sentence, as stated in Article 193 of the Criminal Procedure Code. It is at this stage, according to Binsar M. Gultom, that judges will face a difficult task.
"When the elements of the prosecutor's indictment are proven, the judge must determine the severity of the sentence. This is not stipulated in the law, but left entirely to the feelings and beliefs of the judges," said Binsar in the book 'A Judge's Critical View'.
Judges do have a prerogative when referring to the civil law system adopted in Indonesia. Judges can issue lower, equal, or higher decisions than the demands of the public prosecutor.
The Chief Justice of the Supreme Court as the supreme supervisor of judges throughout Indonesia and the Judicial Commission commissioner as the external supervisor of judges are strictly prohibited from interfering in judge decisions, as stipulated in Article 32 paragraph 5 of Law No. 3 of 2009 concerning the Supreme Court and Article 20 letter c of Law No. 18 of 2009. 2011 concerning the Judicial Commission.
As a figure called 'Your Majesty', judges must have high morality. Not judging the accused, but trying the accused. The meaning of adjudicating is seeking material truth or facts that actually happened and in a neutral manner without taking sides.
"Every decision uttered by a judge absolutely must be carried out by the litigating party because the judge's decision has been guaranteed by the 1945 Constitution. So, judges may not arbitrarily make decisions against defendants," added Binsar.
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10 Februari 2023, 00:00
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