We believe that the application of Article 44 of Indonesian Criminal Code

perfectly fits the case. To explain further, the elements of Article 44 of

Indonesian Criminal Code are:
1. Not punishable
2. Shall be the person who commits an act
3. By reason of the defective development
4. Or sickly disorder
5. Or his mental capacities
6. He is not liable
Samad Bin Raba, as the defendant, clearly fulfills these elements of Article 44
of Indonesian Criminal Code since Samad Bin Raba is found to have mental
capacities based on information and evidence from Dr. Theodorus Singara,
Sp.KJ. (K)