Richard's Honesty and Courage Appreciated

The South Jakarta District Court handed down a sentence of one year and six months to Richard, who acted as a witness for prosecution in collaboration with law enforcement officers, or a justice collaborator.

KOMPAS/RONY ARIYANTO NUGROHO

Defendant Richard Eliezer Pudihang Lumiu during his sentencing hearing at the South Jakarta District Court, Jakarta, Wednesday (15/2/2023). Richard Eliezer Pudihang Lumiu was sentenced to 1.5 years in prison.

JAKARTA, KOMPAS — The judicial panel referred to Richard Eliezer's honesty and courage in uncovering the truth of the murder of Brigadier J, or Nofriansyah Yosua Hutabarat, as a reason for handing down a much lighter sentence than prosecutors had demanded.

The South Jakarta District Court on Wednesday (15/2/2023) handed down a sentence of one year and six months to Richard, who acted as a witness for prosecution in collaboration with law enforcement officers, or a justice collaborator.

Richard cried on hearing his sentence read out by the judicial panel. He covered his face with both hands, holding tears of emotion for receiving a light sentence.

Prosecutors had previously demanded Richard be sentenced to 12 years in prison. Richard's sentence, which was lighter than the prosecutors' demand, was in contrast to the four other defendants being tried for the same case, who received more severe sentences than demanded.

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The four are: Ferdy Sambo, former head of the National Police’s internal affairs division (Propam), who was sentenced to death; Sambo's wife Putri Candrawathi, who was sentenced to 20 years in prison; Kuat Ma'ruf, sentenced to 15 years; and Ricky Rizal, sentenced to 13 years.

Even though he had been proven guilty of participating in Nofriansyah's premeditated murder, lead judge Wahyu Iman Santoso and Morgan Simanjuntak and Alimin Ribut Sujono of the judicial panel judged that it was Richard's honesty that changed the course of the investigation, which had been muddied by damaging and eliminating the evidence.

"Richard Eliezer has provided honest, consistent, and compatible information that shined a clear light on the case, even though it placed the defendant in a position and situation that endangered himself and practically left him alone," said judge Alimin.

KOMPAS/RONY ARIYANTO NUGROHO

Supporters of defendant Richard Eliezer Pudihang Lumiu celebrate the light sentence against Eliezer at the South Jakarta District Court, Jakarta, Wednesday (15/2/2023).

The lead judge also said that Richard's honesty and courage, which turned the case around 180 degrees to reveal the truth, showed he deserved a lighter sentence than demanded. Richard realized his action of shooting Nofriansyah was evil. However, he expressed regret, apologized to Nofriansyah's family, and corrected his mistakes by speaking the truth.

In reading out the sentence, the judge said that what burdened Richard was that his close relationship to the victim was not appreciated, so that in the end, the victim Nofriansyah was killed. As for the mitigating factors, they were that he became a justice collaborator, he was polite during the trial, he had never been punished for a crime, he was still young, and he was expected to improve in the future.

Justice collaborator

The judicial panel also considered the recommendations of the Witness and Victim Protection Agency (LPSK), which had advised Richard to become a justice collaborator. The judicial panel decided that Richard was not the main perpetrator, but an accomplice.

"The defendant served as the executor of the victim, a witness for Ferdy Sambo as the [mastermind], who was seen as the main actor. Meanwhile the defendant was really an accomplice, but not seen to be the main actor," said the judge.

The defendant served as the executor of the victim, a witness for Ferdy Sambo as the [mastermind], who was seen as the main actor.

In addition, the judicial panel had also taken into consideration a letter from amicus curiae (friend of the court) conveyed to the judicial panel by several parties, both civil society groups and academic organizations, that emphasized the importance of honesty as the beginning of justice. Support for Richard was seen as a form of demonstrating love for the nation and state, as well as representing public expectations. Therefore, Richard was deemed worthy of being a justice collaborator and a reward.

‘Commensurate’

Coordinating Political, Legal and Security Affairs Minister Mahfud M.D. was of the view that Richard’s sentence was commensurate with his role as a justice collaborator in the case. He rejected claims that the prosecutor's office had failed to prove Richard's crime.

"That is precisely what the judge read out, that it was the construction of all prosecutors. How to prove and so forth. Only the sentence is different. So it's OK, that's normal," Mahfud said.

The head of the legal information center at the Attorney General’s Office (AGO), Ketut Sumedana, said in a written statement that his side would respect the sentence, even though the sentence mentioned that Richard was proven to have helped plan the murder. Prosecutors would study all legal considerations and reasons in the sentence before making decisions on any further actions. According to Ketut, the AGO was deeply considering the sense of justice that resulted. In addition, his side was waiting for the legal response or action to the sentence from the defendant or his legal counsel.

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LPSK deputy chairperson Susilaningtias deemed that the sentence was important for the protection of witnesses and victims, especially witnesses who were willing to cooperate with law enforcement to solve crimes.

"If all this time, people did not dare reveal, dare speak out, maybe they will think differently by looking at this case. They will want to help law enforcement officials," she said.

She also expressed the hope that the prosecutors would not appeal Richard's sentence.

This article was translated by Hyginus Hardoyo.