Public Prosecutor's Response To The Sambo Ferdy Session: Responding To The Exception Of Prosecution Breaking

The defendant Ferdy Sambo underwent a follow-up hearing on the death of Brigadier Nofriansyah Yosua Hutabarat at the South Jakarta District Court, October 20, 2022. (YouTube Screenshot)

JAKARTA - The follow-up trial of the alleged premeditated murder of Brigadier Nofriansyah Yosua Hutabarat (Yosua) with the defendant Ferdy Sambo was again held at the South Jakarta District Court, Thursday (20/10). The trial agenda is the response of the Public Prosecutor to the exception or memorandum of objection to legal counsel Ferdy Sambo.

The Public Prosecutor's Team responded to the exception of a FS legal advisor who said the public prosecutor was not careful and deviated from legal provisions for drafting an indictment by breaking the prosecution (splitsing) for a criminal case.

According to the Public Prosecutor, the defendant's legal advisor's objection was wrong in understanding splitsing or separating case files. The provisions of Article 142 of the Criminal Procedure Code are clear.

"In the event that the legal prosecutor receives a case file containing several criminal acts committed by several suspects who are not included in the provisions of Article 141 of the Criminal Procedure Code, the public prosecutor can prosecute each defendant separately," said the Public Prosecutor's team.

Based on these provisions, the FS case is not a case that must be combined. This is because some of the defendants in the criminal incident have a standalone role. This is in line with Yahya Harahap's view in his book, "The Discussion and Problem and Application of the Criminal Procedure Code for Investigation and Prosecution" page 442.

So, said Yahya, the files that were originally received by the public prosecutor from investigators were divided into two or several case cases. The breaking was carried out if the defendants in the case consisted of several people. Each defendant is charged in the indictment that stands alone or one with the other.

Examination of cases in the breakdown of forms of might is no longer carried out simultaneously in one trial. Each defendant is examined in a different trial. In general, case file breaking is important if the case lacks evidence and testimony.

"The breaking of case files into standalone files is intended to place each of the defendants as reciprocal witnesses among themselves," said the Public Prosecutor quoting Yahya Harahap's book.

If they join one file, the examination of the trial between one person and another cannot be used as mutual witnesses.

"Therefore, by referring to Article 142 of the Criminal Procedure Code, the case file must be separated so that the defendants can be tried separately so that one defendant can be a witness for the other defendant," said the Public Prosecutor.

As for the reasons for the exception of the liquid (dark or opaque) indictment because it was not careful, clear, and complete description of the events in the indictment, the Public Prosecutor considered this a manifestation and seriousness of legal advisors in observing the subject matter of the case.

In fact, the public prosecutor's indictment dated October 5, 2022, has been described clearly, systematically, and structured with a clear, careful, and complete description of the incident that was charged to the defendant FS.

The indictment has been firmly acknowledged by legal advisors as outlined in the chronology exception in the three phases of events.

Regarding the three phases of events that have been reported by VOI, the Memorandum of mind of Defendant Ferdy Sambo: Chronology on July 8, 2022, Hajar's Order In fact Becomes Shooting.

From that description, the defendant's legal adviser did not understand the description that had been stated in the public prosecutor's indictment. So it is appropriate, the exception or memorandum of objection of the defendant's legal advisor to be put aside," said the Public Prosecutor.

On that basis, the public prosecutor appealed to the panel of judges and stated:

"Thus the public prosecutor's response to the exception of the defendant FS' legal counsel which we read and submitted at today's trial," the Public Prosecutor closed.

Ferdy Sambo's trial continued on Wednesday, October 26, 2022 at the South Jakarta District Court with an agenda for interim decisions.