The Ferdy Sambo trial may be the biggest trial of this century. The first round has ended, but there is still the next round.
By
KOMPAS EDITOR
·3 minutes read
The gavel of lead judge Wahyu Iman Santoso, who presided the judicial panel at the South Jakarta District Court, temporarily ended debate at the trial when it sounded on Wednesday, 15 Feb. 2023. It is natural that there are pros and cons. The judges’ verdict exceeded the prosecutors’ demands.
This of course must be used as material for comprehensive evaluation at the Prosecutors' Office. How can the state prosecutors’ sense of justice be so different from the judicial panel’s sense of justice in the same trial? They might be hearing a case in the same place, with the same individuals and the same witnesses, but the sense of justice can still be different.
The judicial panel handed down heavier sentences than demanded to all defendants found guilty: Ferdy Sambo, Putri Candrawathi, Kuat Ma'ruf, and Ricky Rizal. Sambo was given death instead of life, Putri 20 years in prison instead of eight, Kuat 15 years instead of eight, and Ricky 13 years instead of eight.
As for the defendant who had helped investigators uncover the facts of the case, National Police Second Agent (Bharada) Richard Eliezer, he was given the lightest sentence of 18 months in prison, lighter than the 12 prosecutors had demanded.
The sentences the judges handed down were in line with the public’s sense of justice. Public justice was torn apart by the prosecutors’ demand of 12 years in prison for Eliezer. The prosecutors said that Eliezer had been the executor, whereas in fact, Eliezer was the one who helped uncovered the facts.
Without Eliezer’s courage and honesty, it would have been impossible to bring to court the century’s biggest trial that received the widest public spotlight. Eliezer admitted he had shot Nofriansyah Yosua Hutabarat on Sambo's order. He had apologized. President Joko “Jokowi” Widodo made statements about the case four times, the public was moved, the academics who had been sleeping were moved to fight for the truth, to fight for justice, which is even rarer.
The death sentence for Sambo could alleviate the public’s anger, their anger over Sambo’s order to Eliezer to shoot Nofriansyah, over the orchestrated cover-up. However, the death sentence still goes against human rights, even though the Constitutional Court has upheld the constitutionality of the death penalty several times.
For Sambo, Putri, Kuat, and Ricky, the legal avenues of appeal, cassation, and review, even clemency, are still open. Especially for the death sentence, there is still a leeway through the new Criminal Code, which stipulates a 10-year probation for death row inmates. The public is still waiting for the prosecutors' response.
The final outcome delivered the message of truth that stands above various interests. However, to get to the truth requires struggle and sacrifice. Whatever happens, be loyal to truth, which is increasingly rare. The final outcome still raises a question as to what was the actual motive for murdering Yosua, and what improvements the police must make.