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| Dean of the Faculty of Law (FH) University of Muhammadiyah Malang (UMM) Discusses the Ferdy Sambo Case. (Photo : Istimewa) |
After the discovery of the death of Brigadier Joshua, Ferdy Sambo was named as a suspect in this case. These results do not come from a short process, moreover there are many facts regarding the irregularities that occurred. Regarding the murder case, Dean of the Faculty of Law (FH) University of Muhammadiyah Malang (UMM) Dr. Tongat SH., M. Hum. also spoke up. He considered that this case had not yet entered the final phase, instead it had entered the initial phase.
According to him, Ferdy Sambo could have taken various legal measures to reduce the sentence and the judge's decision. There are many opportunities that he could do. such as submitting an appeal to the high court, human rights, to conduct a review. Even if the attempt is rejected, he can still apply for clemency to the president directly.
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“Indeed there is a chance for him to appeal, but the chance is certainly slim. This is because the process must go through a factual index. So that there is no reproach that can be entered again, “he said.
Tongat, as he is known, also discusses various factors that influence the court's sentence. One of the main factors was the involvement of the community in witnessing the trial process. Even in the absence of good faith from the suspect to dismantle and reveal the truth of the case.
Regarding the death penalty, he also explained that in the criminal system, executions can only be carried out if the application for clemency has been rejected. However, Ferdy Sambo could have submitted an effort to delay the enforcement of justice. This is appropriate and stated in article 100 of the Criminal Code (KUHP) regarding the postponement of death sentences for ten years. However, in order to use this article, it must be stated explicitly during the trial.
He also considered that there were many lessons that could be drawn from the Sambo case. One of them is the transparency of the trial process and judges. This can simultaneously remove the bad stigma circulating in society. The judge's decision gives new hope to the community about justice that must be upheld.
“There will no longer be a paradigm that the law is sharp downwards and blunt upwards. Also through this case, a turning point emerged that equality before the law could still be fought for. Of course, with a note that it can be continued, carried out seriously and escorted by the community. Use this moment as material for self-introspection, especially for the police institution so that it can restore a good image in society," he concluded. (put/tri/wil)
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