Expert Says Ferdy Sambo Can't Escape Death Penalty Despite New Criminal Code Law
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20 February 2023 13:21 WIB
TEMPO.CO, Jakarta - Criminal law expert Boris Tampubolon assessed that Ferdy Sambo, the former head of the National Police's Professional and Security Division or Propam, would not be able to escape the death penalty even though there is a new Criminal Code because of its Article 100 paragraph 2.
Boris explained that Article 100 paragraph 2 of the new Criminal Code states a condition, which is the death penalty with a 10-year probational period be included in the court’s ruling.
“In fact, the ruling for Sambo did not include a death sentence with a 10-year probational period. Instead, it was just the death penalty,” said Boris in a written statement, Monday, February 20, 2023.
He also mentioned that in the Criminal Code Procedures, the prosecutor is obliged to comply with the judge's decision in executing the defendant. Thus, Boris said the prosecutor must follow the death sentence without 10 years of probational period.
“So based on the description above, Ferdy Sambo should not be able to escape the death penalty even though the new Criminal Code is enacted, because it is hindered by Article 100 paragraph 2,” he concluded.
The South Jakarta District Court on Monday, February 13, 2023, handed down the death penalty to Ferdy Sambo as he was found guilty in the premeditated murder of his own aide Nofrianysah Yosua Hutabarat or Brigadier J. The sentence was harsher than the demands of the prosecutor of life imprisonment.
MIRZA BAGASKARA
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