Writer : Danang Suryo | Editor : Edy A. Putra
JAKARTA, KOMPAS.TV – A professor of criminal law at the Faculty of Law, University of Indonesia (UI), Indriyanto Seno Adji, said that the motive for a crime does not have to be disclosed to the public because the motive is not the basis for sentencing in the Criminal Code or Criminal Procedure Code in Indonesia.
This applies both during the investigation period or when the case is under the authority of the police, as well as during the judicial period when the case has already gone to court.
“In both the Indonesian Criminal Code and the Indonesian Criminal Procedure Code, the motive is not the basis for sentencing, therefore there is no obligation to inform the public, especially at the investigation stage. for justice which secrecy stages universally,” explained Indriyanto, Friday (12/8/2022), quoted from Kompas.com.
In fact, continued Indriyanto, even at the trial stage, judges do not have the obligation to disclose their motives to the public, although they can be asked about it.
“In the adjudication process, the court can question the motive, although it is not absolute,” he explained.
“The judge judged whether or not there was a violation of the law, without any obligation to prove whether there was a motive behind the unlawful act,” he explained.
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As reported, Inspector General Ferdy Sambo admitted that he had devised a plan to kill his own aide, Brigadier J or Brigadier Nofriansyah Yoshua Hutabarat.
Komnas HAM chairman Ahmad Taufan Damanik said that Ferdy Sambo had admitted that he had taken steps to engineer information and reconstruct the shootout in the case of Brigadier J.
Meanwhile, Dirtipidum Bareskrim Polri Brigadier General Andi Rian Djajadi said that Ferdy Sambo planned the murder because he was angry and emotional because Brigadier J had hurt the dignity of his family.
“After receiving a report from his wife who received an act that hurt the dignity of the family in Magelang, Ferdy Sambo planned to kill Brigadier J,” Andi said in his statement, Thursday (11/8/2022) yesterday.
However, the motive for the murder is not yet clear, making the public speculate.
Police researcher and observer from the Institute for Security and Strategic Studies (ISSES), Bambang Rukminto suggested to the police to immediately transfer the case of Brigadier J’s murder to the Prosecutor’s Office.
“In my opinion, it will be transferred to the Prosecutor’s Office immediately. Otherwise, it will become a sensation, outside gossip,” said Bambang in a statement Who’s Indonesia Compass TV Night?Thursday (11/8/2022).
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