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View all search resultsCircumstantial evidence enough to decide on Jessica's case: Expert
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Evidence, including a Vietnamese coffee dripper and coffee pot, in the murder case of Wayan Mirna Salihin, in which her friend Jessica Kumala Wongso stands as the defendant, are presented in the court on Aug. 21. (Antara Foto/Rivan Awal Lingga)
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n the murder trial of Jessica Kumala Wongso on Thursday at the Central Jakarta District Court, a criminal law expert from Gadjah Mada University, Edward Omar Sharif Hiariej, said circumstantial evidence would be enough for the court to decide on a premeditated murder case.
He also said as stipulated in the Criminal Law Procedures Code (KUHAP), to prove a premeditated murder, the court did not need to find the motive. “The court doesn’t need to work hard on it, because the law doesn’t require it,” Edward said.
There is a dolus premeditates theory, which says a premeditated murder can be proven by three factors. First, when a person plans to commit murder, he or she is in a stable mental state. Second, there is a space of time between the planning and execution. Third, when the person kills, he or she does it calmly.
In the prosecutor's indictment, Jessica is accused of murdering her friend Mirna Wayan Salihin in an act of revenge. She allegedly killed Mirna because she was upset about Mirna's advice to break up with her boyfriend at the time, Patrick.
Edward also stressed the judges could make a decision on the murder case without eyewitness accounts. According to the law, besides direct evidence, there is also circumstantial evidence. Should the judges believe they have enough evidence from documents, witnesses and defendant testimony, they can decide the case without doubt, Edward said. (evi)
