The ethics hearing on Wednesday was conducted behind closed doors, with the panel sanctioning Richard to a one-year demotion to an administrative support role at the headquarters service (Yanma) division. As part of his punishment, Richard is also required to express his remorse to the ethics council and write an apology letter to National Police chief Gen. Listyo Sigit Prabowo.

Eight witnesses presented their testimonies during the hearing. Then-police internal affairs chief Ferdy Sambo, who last week was sentenced to death by a criminal court for masterminding the murder of aide-de-camp Nofriansyah Yosua Hutabarat, did not attend in person but had his statement delivered and read out during the hearing.

“The police ethics commission, as the division in charge, is of the opinion that the suspected offender could maintain his position within the National Police," National Police spokesperson Brig. Gen. Ahmad Ramadhan said on Wednesday in a press conference after the ethics hearing.

But analyst at the Institute for Security and Strategic Studies (ISESS) Bambang Rukminto warns that the decision to allow Richard to remain within the police corps could set a bad precedent.

“Logically, punishment for law enforcement officials should be harsher than to civilians. If the police prove to be permissive on [their members] who broke the law, will law enforcement efforts still be effective?” Bambang told The Jakarta Post on Thursday.

Bambang referred to Government Regulation (PP) No.1/2003 on the discharge of a police officer, which states that a police officer will be dishonorably discharged if proven guilty of committing a criminal act.

 

Obstruction of justice

The analyst further said Eliezer’s relatively light punishment could open the door for Hendra Kurniawan, Agus Nurpatria and Arif Rachman, three former police officers charged with obstruction of justice in the murder case, to return to the force.

Judges presiding criminal trials of Hendra and Agus were supposed to read out their verdicts on Thursday but postponed it to Feb. 27, citing unpreparedness.

Meanwhile, Arif was sentenced to 10 months in prison and a Rp 10 million fine on Thursday.

The three obstruction of justice defendants have already gone through their ethics hearing and were dishonorably discharged last year, but have separately filed an appeal to the police ethics commission.

Deserving a second chance

Benny Mamoto of the police external oversight the National Police Commission (Kompolnas) who monitored the ethics hearing in person said the panel considered Richard’s status as a justice collaborator for the murder case. The panel, he added, emphasized that Richard’s work with investigators in the case was instrumental in revealing more details about the murder that happened in Ferdy’s residence in Jakarta last year.

“We think that this result wouldn’t [damage the police’s reputation], as Richard later has to show if his actions and behavior is worthy [of this second chance],” said Benny.

Richard has in the past expressed his wish to remain with the Mobile Brigade (Brimob) after serving his time in prison.

Last week, Richard was sentenced to 18 months in prison, a much lighter sentence than the 12 years sought by prosecutors, with Judge Alimin Sujono citing his status of justice collaborator as the reasoning behind the lesser sentence. The court found that Richard shot Yosua on the orders of his commanding officer, Ferdy.

The general public have thrown their support behind Richard in his criminal conviction. And the police chief said last week after Richard’s court verdict that the police would consider the public's input and what happened in the criminal trial in deciding Richard’s fate in the corps as they tried to seek a “decision that could be perceived as fair by all parties.”

Bambang however, said the ethics hearing should be seen as separate from the criminal court, as the ethics hearing involved more than just Richard.

“While what happens in the criminal court could be taken into account, the ethics hearing should be held in a higher regard, as it’s meant to safeguard the professional ethics of the corps,” Bambang said. He added that the police should have considered the dignity of the institution instead of falling back on a more populist decision.