Kupastuntas.co, Jakarta - The South Jakarta District Court on Monday sentenced former National Police Internal Affairs Chief Ferdy Sambo to death for the premeditated murder of his own aide Brigadier Nofriansyah Yosua Hutabarat and for tampering with evidence in a cover-up.

The panel of judges at the South Jakarta District Court sentenced Ferdy Sambo to death because he was proven guilty of premeditated murder of Yosua Hutabarat. The three are Wahyu Iman Santoso, Morgan Simanjuntak, and Alimin Ribut.

"On trial, stated that the defendant Ferdy Sambo had been legally and convincingly proven guilty of committing the crime of participating in premeditated murder and without the right to commit acts of making the electronic system not function properly together. Sentenced the defendant Ferdy Sambo to death," said chief judge Wahyu Iman Santoso reading out the verdict at the South Jakarta District Court, Monday 13 February 2023.

Sambo was found guilty of vandalizing a closed-circuit television which resulted in disruption of the electronic system and/or caused the electronic system to not work properly.

Sambo was proven to have violated Article 340 of the Criminal Code in conjunction with Article 55 paragraph 1 1 of the Criminal Code. Sambo was also found guilty of violating Article 49 in conjunction with Article 33 of Law Number 19 of 2016 concerning Information and Electronic Transactions in conjunction with Article 55 paragraph 1 1 of the Criminal Code.

In his decision, the judge stated that the pretext of sexual harassment against Sambo's wife, Putri Candrawathi, did not have valid evidence. According to the judge, it is very unlikely that Brigadier Yosua abused Putri, who was considered to have a dominant position towards Yosua as her husband's aide.

The judge said that the motive for the premeditated murder of Yosua did not have to be proven. The reason is that motive is not part of a premeditated murder offense.

The judge emphasized that the element of intentional, planning, and the element of taking Yosua's life that was charged against Sambo had been proven. In addition, the judge believes Sambo used black gloves and participated in shooting Yosua with a Glock 17 type weapon.

The judge also highlighted the moment when Putri Candrawathi shared a lift with Strong Ma'ruf to go up to the 3rd floor at Saguling's house to meet Ferdy Sambo. The judge assessed that this moment confirmed the premeditated murder scenario of Brigadier Yosua Hutabarat.

The judge believes that the moment when Strong took the elevator to the third floor with Putri was part of the premeditated murder scenario that had been prepared.

"Based on the Closed-circuit television recording, Ma'ruf's presence on the third floor took less than three minutes, but the panel of judges believes that strong witness Ma'ruf and Putri Candrawathi met the defendant on the third floor," said Wahyu.

After the meeting on the third floor, Strong Ma'ruf together with Richard Eliezer, Ricky Rizal, Yosua Hutabarat and Putri Candrawathi headed for Duren Tiga's house. The judge believed that the meeting on the third floor had agreed on the plan and murder of Joshua.

The judge then mentioned the moment when Strong closed the door from the second floor of the Sambo official residence to muffle the sound of gunshots at Yosua. The judge believed that this was an attempt to support the scenario that had been prepared by Sambo.

There were a number of things that weighed heavily on Sambo's verdict, one of which was Sambo's actions tarnished the image of the National Police. The judge stated that there were no mitigating circumstances for Sambo.

Hakim Wahyu said that Ferdy Sambo and his legal advisers had the right to propose legal remedies if they did not accept the judge's verdict.

Sambo's lawyer, Arman Hanis, could not answer when asked whether he would accept the judge's verdict or make an appeal. "Later," said Arman Hanis.

Arman respected the judge's decision. However, his party considered that the verdict was not based on the facts of the trial. "Basically, we saw what was conveyed, what the panel of judges considered, in our opinion, we respect. In our opinion, it was not based on the facts of the trial, only based on assumptions," he said.

The Attorney General's Office appreciates the panel of judges' decision. "We appreciate the decision of the panel of judges at the South Jakarta District Court which handed down a death sentence against the defendant Ferdy Sambo," said the Head of the Criminal Investigation Unit at the Attorney General's Office, Ketut Sumedana, Monday, February 13, 2023.

He appreciated the judge's decision which also took into account the legal considerations put forward by the public prosecutor. It is known that the sentence was higher than the demands of the prosecutor who previously demanded that Ferdy Sambo be sentenced to life in prison.

"Because the decision of the panel of judges that was read out has taken over all legal considerations and legal facts presented in the Public Prosecutor's charge letter," he said.

The Attorney General's Office admits that they are still studying the judge's decision against Ferdy Sambo. Prosecutors have yet to take a position whether to accept or appeal the verdict. "We study everything first," he said.

The Coordinating Minister for Political, Legal and Security Affairs, Mahfud Md, praised the death sentence against Ferdy Sambo. Mahfud assessed that the prosecutor's proof of Sambo's crime was almost perfect. Moreover, according to him, the premeditated murder of Brigadier Yosua Hutabarat was a cruel incident.

"The incident was indeed a cruel premeditated murder. The public prosecutor's evidence was almost perfect. The defenders dramatized the facts more," Mahfud said via his Twitter account.

Mahfud also praised the performance of the judges. According to him, the judges were independent and without burden when trying Sambo. Because of that the verdict that was decided according to his sense of justice.

"The judges are good, independent and carefree. That's why the verdict is in accordance with the public's sense of justice. Sambo was sentenced to death," he said.

Yosua's mother, Rosti Simanjuntak, swore at Sambo's wife, Putri Candrawathi, because she was judged to be the culprit in this case.

"Those were all lies, his excuse was to escape responsibility for planning the murder that he wanted for my child. He has a human form but has a devil's heart. Princess Candrawathi is a demonic human, a demonic woman," said Rosti after the hearing.

Rosti said that the verdict handed down by the judge against Sambo was in accordance with his expectations. Rosti considered that the judge had upheld justice for him and his son, Joshua.

"We must be patient and we must praise all of these trials because in accordance with the family's expectations, God told us. At this point, the judge is upright in determining Sambo's verdict. Thank you, Judge," said Rosti. .

Administration of the Death Penalty

The procedure for carrying out death sentences in Indonesia is regulated in Article 1 of Law Number 02/PNPS/1964 concerning Procedures for Executing Death Penalties handed down by courts within the General and Military Courts.

Article 11 of Law no. 02/PNPS/1964 states that without prejudice to the provisions of the criminal procedural law regarding the course of court decisions, the execution of capital punishment handed down by a court in the general court environment or military court shall be carried out by being shot to death according to the provisions in the articles. following.

Furthermore, this rule was refined by the Chief of Police Regulation Number 12 of 2010 concerning Procedures for Executing Death Penalties. The procedure for carrying out the death penalty is regulated in Article 15 of Perkap No 12 of 2010.

Meanwhile, Ferdy Sambo's wife, Putri Candrawathi, was found guilty of being involved in the premeditated murder of her driver, Brigadier N Yosua Hutabarat and was sentenced to 20 years in prison.

"At trial, stated that the Defendant Putri Candrawathi had been proven legally and convincingly guilty of committing intentionally and with prior plans to take the lives of other people. Sentenced the criminal against the Defendant Putri Candrawathi in the form of 20 years in prison," said chief judge Wahyu Iman Santoso when reading the verdict. .

Putri was found guilty of violating Article 340 of the Criminal Code in conjunction with Article 55 paragraph 1 1st of the Criminal Code. The judge said there was no excuse for Princess Candrawathi's forgiveness.

The judge also stated that Yosua's murder occurred because of a story that Putri had told Sambo. The judge stated that the things that incriminated Putri included her actions to tarnish the Bhayangkari organization to the point where it was complicated in court.

"There are no mitigating factors," said the judge. The panel of judges believes that Princess Candrawathi knew from the start the plan to kill Brigadier N Yosua Hutabarat. The judge's conviction refers to Putri's action to invite Strong Ma'ruf and Bripka Ricky Rizal from Magelang to Jakarta.

The judge initially alluded to Putri who was in a different car from Yosua when she returned to Jakarta. "The defendant was in a different car from the victim Yosua. The victim was in a Lexus car sitting in the middle seat next to witness Susi. Witness Richard Eliezer sat in the front next to witness Strong as a driver," said judge Alimin Ribut during the sentencing hearing against Putri Candrawathi.

The judge considered the incident odd. The reason is, Yosua is Ferdy Sambo's aide who was specifically assigned by Ferdy Sambo to escort and become Princess Candrawathi's driver.

The panel of judges considered that Putri's actions in not wanting to share a car with Joshua was not a coincidence. The judge considered this to be the initial part of the plan to kill Joshua.

"The fact that they were in different cars above was obtained by the fact that the defendant had asked witnesses Ricky and Strong to come to Jakarta. Even witnesses Ricky and Strong as drivers of two different vehicles is certainly not a coincidence, but it was the defendant's will where in line with the statement of the defendant at trial who did not want a car with the victim Yosua," explained the judge.

Previously, Princess Candrawathi was demanded by the Public Prosecutor for 8 years in prison. The prosecutor believed Putri together with Ferdy Sambo et al carried out the premeditated murder of Brigadier N Yosua Hutabarat.

"We demand that the panel of judges at the South Jakarta District Court who examined and tried this case declare that the defendant Putri Candrawathi has been proven legally and convincingly guilty of committing the crime of premeditated murder together. Sentenced the defendant to 8 years in prison," said the prosecutor. (*)