Sedangkan istri Sambo Putri Candrawathi divonis w0 tahun penjara pada hari yang sama

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Jakarta – Praktisi Hukum H. Abdul Malik, SH, MH menilai putusan vonis mati oleh majelis hakim kepada Mantan Kepala Divisi Profesi dan Pengamanan (Kadiv Propam) Polri Ferdy Sambo, Senin (13/02/2023) dinilai kurang tepat. Sebab majelis hakim melakukan vonis ultra petita melebihi tuntutan jaksa, penjara seumur hidup.

“Sangat aneh sekali, kami selaku praktisi hukum menilai sah-sah saja hakim memutus hukuman mati atau ultra petita. Namun hakim tidak memberikan pertimbangan-pertimbangan yang meringankan terdakwa Ferdy Sambo,” kata H. Abdul Malik, SH, MH yang juga Ketua Dewan Kehormatan Dewan Pimpinan Pusat Ikatan Penasehat Hukum Indonesia (DPP IPHI), Kamis (16/02/2023) di Jakarta.

Kata H. Abdul Malik sapaan akrabnya, seharusnya majelis hakim melihat pertimbangan-pertimbangan dari sisi jasa Ferdy Sambo saat dinas di kepolisian dan pertimbangan keluarga. Selain itu terdakwa merupakan tulang punggung keluarga, mengakui perbuatannya dan bersikap sopan saat persidangan.

“Ferdy Sambo punya bintang jasa dari Presiden RI saat dinas. Dia juga saat ini masih mempunyai anak kecil yang membutuhkan pendidikan dan kasih sayang. Seharusnya ini menjadi pertimbangan hakim sebelum diputus vonis,” terang Ketua Dewan Pimpinan Daerah Kongres Advokat Indonesia (DPD KAI) Jawa Timur ini.

Selain itu hakim juga mempertimbangkan, faktor sebab akibat pembunuhan yang menimpa Brigadir Yoshua. Dimana Ferdy Sambo melakukan pembunuhan karena faktor sebab akibat adanya pelecehan terhadap istrinya Putri Candrawathi.

“Kesalahan Ferdy Sambo memang melakukan pembunuhan, akan tetapi jujur saja hal itu persoalan harga diri. Entah itu benar atau tidak, karena pembunuhan itu terjadi karena faktor sebab akibat. Hakim tidak boleh lepas dari sebab akibat. Hakim harus jeli,” ungkapnya.

Menurut H. Abdul Malik, hukuman yang diterapkan pada Ferdy Sambo oleh hakim dalam suatu keputusannya, hal itu tertuang di pasal 100 UU No 1 Tahun 2023 tentang KUHAP. Yaitu Pasal 100 ayat 1 a KUHAP, mengatur hakim menjatuhkan pidana mati dengan hukuman masa percobaan selama 10 tahun dengan memperhatikan rasa penyesalan terdakwa dan ada harapan memperbaiki diri atau peran terdakwa dalam tindak pidana.

“Merujuk tahapan Pasal tersebut, dalam artian memungkinkan terpidana untuk bebas lebih awal. Hal ini tertuang sesuai Pasal 100 ayat 1 a UU No 1 Tahun 2023,” jelas H. Abdul Malik.

Kata dia, adanya pertimbangkan-pertimbangan hakim itu seharusnya wajar. Jangan sampai hakim terbawa pada opini publik dan kalau hakim terbawa opini publik berbahaya.

“Hakim itu merupakan wakil Tuhan, dia memutus bukan berdasar Tuhan Yang Maha Esa, tapi dia memutus berdasarkan opini publik. Kalau ini dilakukan, Ferdy Sambo wajib untuk mengajukan banding,” tambah H. Abdul Malik.

Selanjutnya, banding nanti bisa dilakukan kalau Ferdy Sambo dkk tidak puas, tinggal melakukan upaya hukum kasasi. Apabila mau melakukan pengajuan kasasi, terhadap putusan hakim terdakwa-terdakwa lainnya juga bisa di dompleng dalam Peninjauan Kembali (PK) oleh lawyernya.

“Ferdy Sambo dkk nanti masih bisa banding dan masih bisa Peninjauan Kembali (PK) atas putusan terdakwa-terdakwa lainnya. Baik secara sendiri-sendiri atau di dompleng,” ujar H. Abdul Malik.

Selaku Praktisi Hukum, dirinya menilai masalah putusan hakim ini menerapkan putusan mati tanpa pertimbangan-pertimbangan dan mungkin hakim bisa cuci tangan. Padahal putusan hukuman mati bisa diterapkan kepada Ferdy Sambo, apabila melakukan pembunuhan satu keluarga atau pembunuhan massal.

“Nah itu wajib, ini kan cuman satu orang, itupun ada sebab akibatnya. Kalau kita sebagai orang Madura istrinya diganggu orang atau masalah istrinya digoda orang atau istrinya atau bagaimanapun istrinya diganggu, maka wajib itu pelaku dibunuh, itu ada tradisi orang Madura. Kalau itu memang benar pelecehan,” jelas Advokat Senior ini.

Kata H. Abdul Malik, karena bagaimanapun juga hakim tidak punya bukti atau alat bukti. Seharusnya CCTV dibuka semuanya, apa benar apa yang dikatakan oleh seorang istri Ferdy Sambo.

“Klau ini benar maka majelis hakim menyalahi aturan, karena pembunuhan ini ada sebab akibatnya. Jangan sampai hakim terbawa pada opini publik. Kalau hakim terbawa opini publik berbahaya. Hakim itu merupakan wakil Tuhan, hakim jangan memutus bukan berdasar Tuhan YME, tapi saat ini sepertinya memutus berdasarkan opini publik,” sesalnya.

*Berikut Putusan Tindak Pidana Sambo, Richard, Putri, Ricky dan Kuat*

Bharada Richard Eliezer dinyatakan bersalah melakukan tindak pidana pembunuhan berencana terhadap Brigadir N Yosua Hutabarat dan divonis 1,5 tahun penjara. Eliezer menangis haru mendengar putusan hakim.

“Menjatuhkan pidana selam 1 tahun dan 6 bulan penjara,” ujar hakim ketua Wahyu Iman Santosa saat membacakan putusan di PN Jaksel, Rabu (15/2/2023). 

Richard Eliezer Pudihang Lumiu sebelumnya dituntut hukuman 12 tahun penjara di kasus pembunuhan berencana terhadap Brigadir N Yosua Hutabarat. Jaksa meyakini Eliezer melakukan tindak pidana secara bersama-sama merampas nyawa Yosua.

Sebelumnya, Mantan Kepala Divisi Profesi dan Pengamanan (Kadiv Propam) Polri Ferdy Sambo divonis mati oleh majelis hakim dalam sidang pada Senin (13/2/2023) lalu.

Sedangkan istri Sambo, Putri Candrawathi,2divonis 20 tahun penjara pada hari yang sama.

Kemudian Kuat Ma’ruf yang merupakan asisten rumah tangga dijatuhi vonis 15 tahun penjara dalam sidang pada Selasa (14/2/2023).

Lalu salah satu ajudan Sambo, Ricky Rizal Wibowo yang berpangkat Bripka, divonis 13 tahun penjara pada hari yang sama.

Ricky Rizal dan Kuat melalui kuasa hukum masing-masing menyatakan tidak menerima vonis dan akan mengajukan upaya hukum lanjutan yaitu banding ke pengadilan tinggi.

Dalam persidangan sebelumnya, jaksa penuntut umum menuntut Ferdy Sambo dengan pidana penjara seumur hidup. Sedangkan Putri, Ricky, dan Kuat dituntut dengan pidana 8 tahun penjara. (red)

Penulis: Syafrudin Budiman SIP/ Gus Din

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