UNAIR NEWS – To date, 97 police personnel are investigated in connection with the obstruction of justice case for the death of Brigadier J or Brigadier Yosua Hutabarat. Acknowledging the issue, the Criminal Law lecturer at the Faculty of Law Universitas Airlangga, Sapta Aprilianto SH MH LLM explained the concept and criminal penalty of obstruction of justice.
Obstruction of Justice in Article 221 of the Criminal Code (KUHP)
Sapta stated that in the context of the police, ethical violations are not necessarily legal violations. However, a legal violation is definitely an ethical violation.
“Therefore, the investigated police personnel must be confirmed for knowing [the murder case of Brigadier J, ed] and building false scenario, or formally required to publish news, where the news was given from their superiors or subordinates. Then they publish the news as reported earlier (police shootout, ed),” he said on Wednesday, August 31, 2022.
Furthermore, Sapta stated that if they are proven to know the truth behind the murder of Brigadier J and partake in building the false scenario, they officially commit obstruction of justice, which is regulated in Article 221 of Criminal Code (KUHP) paragraph (1) and (2).
He also explained the ‘intentional’ point in Article 221. “The ‘intentional’ in Article 221 of the Criminal Code paragraphs (1) and (2) has a broad context. Intentionality as to purpose, as in certainty, as in possibility. So, it is impossible for them to make excuses or be dismissed from Article 221 of the Criminal Code,” he explained.
The ‘intentional’ in Article 221 refers to an active intention. So if police know the truth of Brigadier J’s death, but did nothing to hide the truth, then he cannot be charged with Article 221 of the Criminal Code.
Ante Factum and Post Factum
Sapta further added that the 97 police will be charged with Article 221 of the Criminal Code, instead of Article 340 of the Criminal Code. Only five suspects, the former Insp. Gen. Ferdy Sambo, Second Agent (Bharada) Richard Eliezer or Bharada E, Brigadier Ricky Rizal, Kuat Ma’ruf, and Putri Candrawati, will be charged with Article 340.
Because the 97 police officers are currently investigated for obstruction of justice, they hid the truth after the criminal act, not planning it. “Remember that there are ante factum and post factum,” he warned.
Insulting criminal procedure law
“It’s more than just a violation, it’s an insult to the criminal law,” Sapta underlined. Obstruction of justice in the murder case of Brigadier J is considered an insult and human rights violation because when the murder case was confirmed, the suspects are yet to be arrested and the evidence was obliterated.
Author: Tristania Faisa Adam
Editor: Binti Q Masruroh
