BANDUNG, unpas.ac.id – The investigation into the murder of Brigadier Nofriansyah Yoshua Hutabarat or Brigadier J by Inspector General Ferdy Sambo is still ongoing. The Prosecutor’s Office is considered to be able to play a role in investigating the increasingly complicated cases.
This was stated by the former head of the TNI’s Strategic Intelligence Agency, Rear Admiral (Ret.) Soleman B. Ponto in a panel discussion entitled “Extra Judicial Killing: Perlukah Penyidikan Lanjutan?” at the Faculty of Law, Universitas Pasundan, on Friday, 23 September 2022.
The discussion presented source-person, Head of the Prosecutor’s Commission Barita Simanjuntak, Director of Amnesty International Indonesia Usman Hamid, and Vice Dean I of Unpas Faculty of Law Dr. Hj. Dewi Asri Yustia, M.H.
Soleman Ponto said that the prosecutor’s office needed to be involved because there is a psychological situation or code of silence occurred in the police. In this case, he saw the possibility of the disappearance of evidence, case engineering, as well as the interests of individuals or groups.
“To prevent Sambo case from repeating, the examiner and the examinee should neither be in the same system nor in different institutions. The perpetrators of the murder are members of the National Police and the investigation is carried out by the Police. This is why the prosecution must continue the investigation so that there is no code of silence,” he explained.
He added that the prosecutor’s authority to investigate certain cases could be used in further investigations in extra judicial killing cases carried out by members of the National Police.
In Need of Further Investigation
Meanwhile, Director of Amnesty International for Indonesia Usman Hamid, said that in Sambo’s cases, the perpetrator of the murders could not escape the law, even though in practice the perpetrators were ordered by their superiors.
“In a murder case, even if they were ordered by a superior, can the perpetrator be forgiven or have his criminal guilt removed? In some jurisprudence, it cannot. It is quite different from ordinary violations, which is understandable. But extra judicial killing includes killing with a will (killing willingly),” he explained.
Usman also reviewed the prosecutor’s office to carry out further investigations by highlighting aspects of human rights violations that must be followed up.
“In my opinion, further investigation is needed, because there are differences in the material aspects of heavy human rights violations according to the Human Rights Law and heavy human rights violations according to the Human Rights Court Law,” he said.
Role of Prosecutor’s Office
Responding to this matter, Head of Prosecutor’s Office Commission said that investigation and prosecution are not a check and balance process because all results from investigators will be the full responsibility of the Public Prosecutor when the case is presented to the courtroom to be defended.
“Checks and balance are actually in court as the end of the settlement of criminal cases in testing the truth of the proposed legal facts,” he said.
The results of the work and the public prosecutor are an integral part of the premise of the thesis which will be checked and balanced from the legal counsel’s rebuttal as the antithesis, then examined and tried by the judge into a synthesis.
Barita emphasized that in resolving cases, the role of law enforcement officers (the prosecutor’s office) must be involved because they already have a legal system held into this. “This is what allows the enforcement of the law of a case,” he continued.
Vice Dean I of Unpas Faculty of Law Dr. Hj. Rd. Dewi Asri Yustia, M.H. conveyed that as an academic institution, Unpas Faculty of Law has an obligation to discuss current issues in order to open wider horizons.
“We raise cases that are currently most-spoken in the community because they are related to the performance and quality of law enforcement officers. The results of the discussion will be given to the Police and the Prosecutor’s Office so that they become recommendations in the ongoing law enforcement process,” he said. (Reta)**