Sambo and Putri Get Heavier Sentences than Prosecutors' Demands
The Court has handed down the death sentence to Ferdy Sambo, the former head of the National Police’s internal affairs division (Propam). It sentenced his wife, Putri Candrawathi, to 20 years in prison.
By
DIAN DEWI PURNAMASARI, NORBERTUS ARYA DWIANGGA MARTIAR
·4 minutes read
KOMPAS
Ferdy Sambo and his wife Putri Candrawathi. Two of the defendants being tried for the premeditated murder of Nofriansyah Yosua Hutabarat.
JAKARTA, KOMPAS – Two of the defendants being tried for the premeditated murder of Nofriansyah Yosua Hutabarat, namely former Propam head Ferdy Sambo and his wife, Putri Candrawathi, were handed down sentences on Tuesday (13/2/2023) that were more severe than the prosecutors' demands.
Sambo, for whom prosecutors had demanded a life sentence, received the death sentence. Meanwhile, Putri was sentenced to 20 years in prison, 12 years more than the demanded eight years.
The judicial panel said neither Sambo nor Putri had any mitigating circumstances.
In its consideration, lead judge Wahyu Iman Santoso said during the trial hearing at the South Jakarta District Court that the elements demonstrating premeditated murder against Nofriansyah had been fulfilled. Nofriansyah’s murder at the official residence of the Propam head in Duren Tiga, Jakarta, was deemed to have been arranged carefully and thought out well and calmly.
"Not in a hurry or suddenly. Nor was it under force or in a high emotional state," the judge said. The judicial panel put aside alleged sexual violence by Nofriansyah to Putri.
The judicial panel concluded that the sexual violence Nofriansyah allegedly committed against Putri, claimed to be the trigger for the fatal shooting, had not been legally proven. Instead, the judicial panel judged that the incident in Magelang, Central Java, related to the actions or behavior of Nofriansyah that caused Putri to feel deeply hurt.
"The court states that the defendant, Ferdy Sambo, has been legally and convincingly proved guilty according to the law of committing a criminal offense by taking part in premeditated murder and, without the right, of committing acts that caused electronic systems to not function as they should, which were carried out together. The defendant is setnenced to death," said judge Wahyu Iman Santoso, accompanied by two other judges, Morgan Simanjuntak and Alimin Ribut Sujono.
KOMPAS
The mother of Brigadier J (right holding a photo of her son) appreciates the judge's decision that sentenced defendant Ferdy Sambo to death.
Regarding the death sentence for Sambo, criminal law lecturer Agustinus Pohan at Parahyangan University in Bandung, West Java, said that capital punishment was excessive and should not be imposed on anyone. Even though the public could not tolerate the deliberate termination of a person, it did not entitle the state to take a life.
According to Agustinus, the latest Criminal Code (KUHP) provided a middle ground between the pros and cons of the death penalty. This was realized by providing opportunities for death row inmates to be evaluated in 10 years, as stipulated in Article 100 of the KUHP. However, the 10-year evaluation period for capital punishment and related tests must be stated in the sentence.
"If that is not included in the sentence, KUHP Article 100 cannot be applied," he said.
Law No. 1/2023 on KUHP Article 624 comes into force three years from the date of the law’s enactment on 2 Jan. 2023.
Indonesian Police Watch chairman Sugeng Teguh Santoso revealed that the death sentence handed down to Sambo was not the first one given to officers of the National Police who were involved in criminal cases. However, Sambo was the officer with the highest rank, namely a two-star police general, to be sentenced to death.
Sugeng said, however, Sambo had a chance to get a sentence reduction in the next stage, because mitigating factors had not been taken into consideration.
"Sambo is certainly disappointed with his sentence and will appeal [...] until cassation or review," he said.
Planning
In the sentencing consideration for Putri, the judicial panel regretted that Putri's motive was not revealed as to why she had made up a misleading story so her husband Ferdy Sambo would become angry enough to take Nofriansyah's life. As a result, the defendant Putri was an accomplice in the premeditated murder of Nofriansyah.
In the sentence hearing for Sambo, the judicial panel said that Sambo had planned the murder by telling his wife Putri that the murder would take place at Duren Tiga official residence No. 46 in Jakarta. If someone asked Putri, she was told to answer that she was self-isolating.
Putri had also discussed with her husband about the gloves and CCTV security cameras, but the judicial panel did not provide further explanation.
On the other hand, the judicial panel was confident that Sambo had taken part in shooting Nofriansyah using a Glock firearm while wearing the black gloves.
