Identical verdicts against the flow of Article 57 of the Criminal Code

In a split trial, the panel of judges in verdict number 151/Pid.B/2025/PN Blb stated that Marhaban Basyar was legally and convincingly proven to have committed the crime of "intentionally taking the life of another person" in accordance with Article 338 of the Criminal Code, and was sentenced to 12 years in prison. The facts of the trial showed that Marhaban thrust the knife once into the victim's left abdomen after previously engaging in an argument and beating with the victim.

A surprise appeared in verdict number 152/Pid.B/2025/PN Blb on behalf of Dodi Supriadi. Although Dodi was charged as an accessory to the crime using Article 338 jo. Article 56-2 of the Criminal Code, he was also sentenced to exactly the same sentence, namely 12 years in prison.

Theoretically, based on Article 57 paragraph (1) of the old Criminal Code (still in force at the time of the incident), the maximum basic punishment against an accomplice is reduced by one third of the main perpetrator's punishment. If the main perpetrator (Bam) is sentenced to 12 years' imprisonment, normatively, the sentence of the accomplice is usually below this figure, which is a maximum of 8 years' imprisonment. This normative rule also reflects different degrees of guilt.