TEMPO.CO, Jakarta – Criminal law observer Boris Tampubolon said the cassation decision annulled the death penalty Freddy Sambo become life imprisonment open the opportunity to get rights remission or deductions from prison time that cannot be obtained if the sentence remains dead.
“This is regulated in Article 10 of Law no. 22 of 2022 concerning Corrections essentially states that convicts who have met certain requirements are entitled to remission,” said Boris Tampubolon in a written statement, Tuesday, August 8, 2023.
Boris explained that Article 10 paragraph 4 states that this remission right does not apply to convicts sentenced to life imprisonment and those sentenced to death. However, in the elucidation of Article 10 paragraph 4 of the Law, it is stated that the granting of the rights referred to in this paragraph can only be granted if a life sentence or death penalty is changed to imprisonment for a certain time.
The founder of Dalimunthe & Tampubolon Lawyers (DNT Lawyers) said that when referring to Presidential Decree Number 174 of 1999 concerning Remissions, Article 9 says in paragraph 1 that convicts who are subject to life imprisonment and have served a sentence of at least 5 (five) consecutive years participating in good behavior, the sentence can be changed to temporary imprisonment, with the remaining sentence that still has to be served for a maximum of 15 years.
“Then, in paragraph 2, the change from life imprisonment to temporary imprisonment as referred to in paragraph 1 is stipulated by a Presidential Decree,” he said.
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Paragraph 3 states that the request for a change in life imprisonment to a temporary imprisonment shall be submitted by the convict concerned to the President through the Minister of Law and Legislation. Furthermore, paragraph 4 states that the provisions regarding the procedures for submitting an application for a life sentence change to a temporary sentence as referred to in paragraph 3 are further regulated by a Decree of the Minister of Law and Legislation.
“This means that if you refer to the rules that I mentioned above, then Ferdy Sambo can still have a chance to get remission,” said Boris.
This opportunity for remission is by submitting a request for a change in sentence from life imprisonment to temporary imprisonment to the President through the Minister of Law and Human Rights.
However, Boris emphasized that the decision to grant a change in life imprisonment to a temporary prison sentence is the authority of the president.
“But when it comes to possibilities, anything is possible. Acceptable can also be rejected, “said Boris.
Boris explained that if the request is granted, then Ferdy Sambo has the right to remission, so that his sentence can be deducted and he can be released again without having to spend a lifetime in prison.
On Tuesday, 8 August 2023, the Indonesian Supreme Court decided to change the decision against the defendants in the premeditated murder of Brigadier Nofriansyah Yosua Hutabarat, Ferdy Sambo cs, at the cassation level. Apart from Sambo, the other three defendants who filed cassation are Putri Candrawathi, Ricky Rizal and Strong Ma’ruf.
Head of Legal and Public Relations Bureau MA Sobandi stated that the panel of supreme judges decided to change Sambo’s sentence from death penalty to life imprisonment.
“Life imprisonment,” said Sobandi in a press conference at the MA Building, Jakarta, Tuesday, August 8, 2023.
Sobandi said that the panel of supreme judges rejected the cassation of the public prosecutor and the defendant by improving the qualifications of the crime and the sentence imposed.
“To carry out premeditated murder together and without the right to take action which results in the electronic system not working as it should be carried out together,” he said.
The decision was made in a closed session with Suhadi as chairman of the assembly; Suharto as member of assembly 1, Jupriyadi as member of assembly 2, Desnayeti as member of assembly 3, and Yohanes Priyana as member of assembly 4.
Not only Ferdy Sambo, the Supreme Court also reduced the verdict for three other defendants, namely Putri Candrawathi, Ricky Rizal Wibowo, and Strong Ma’ruf. The daughter who is Sambo’s wife has her sentence discounted from 20 years in prison to just 10 years.
“Amar’s cassation decision rejected the public prosecutor’s cassation and the defendant with criminal correction became a prison sentence of ten years,” Sobandi.
Meanwhile, the sentences for Ricky Rizal and Strong Ma’ruf have also become lighter. Ricky, who was previously sentenced to 13 years in prison, now only gets 8 years in prison. Strong who previously received a sentence of 15 years in prison became only 10 years.
Apart from the four defendants above, there is still one other defendant in the murder of Brigadier Yosua, namely Bhayangkara Dua Richard Eliezer Pudihang Lumiu. Richard did not file an appeal from the first instance because he was only sentenced to one year and 6 months in prison. Richard received the lightest sentence for being a witness to the perpetrator or justice collaborator who revealed Ferdy Sambo’s involvement in the murder case.
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2023-08-08 22:00:00
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