Attorney General Orders Examination, Prosecutor Finally Rejects One-Year Prison Law For Wife Who Is Angry At Drunk Husband

KARAWANG - The public prosecutor withdrew his demand for one year in prison against the defendant Valencya for the alleged case of domestic violence and the expulsion of her ex-husband Chan Yu Chin, at the Karawang District Court, West Java.

The public prosecutor (JPU) changed the charge against Valencya alias Nancy Lim, from a year in prison to a free charge, because she was not proven guilty in the case of domestic violence (KDRT).

This was conveyed by the Public Prosecutor in a trial with a replica agenda, at the Karawang District Court.

During the trial, Syahnan Tanjung, the public prosecutor who was directly appointed by the Attorney General's Office of the Republic of Indonesia, stated that Valencya was not proven to have committed a crime of psychological violence in the household.

"Stating that the defendant Valencya alias Nengsy Lim, son of Suryadi was not legally and convincingly proven to have committed a criminal act of psychological violence within the household as referred to in Article 45 paragraph (1) in conjunction with Article 5 letter b of Law No. 23 of 2004 concerning the Elimination of Domestic Violence. ," he also said.

Furthermore, the Public Prosecutor stated that the evidence in the form of a marriage certificate, doctor's letter, and a print out of a WhatsApp conversation was returned to Chan Yung Chin (Valencya's ex-husband).

"For evidence, two flash disks containing telephone and CCTV recordings were returned to Valencya," he said at a hearing by the panel of judges Ismail Gunawan, Selo Tantular, and Arif Nahumbang Harahap.

In this case, the Public Prosecutor previously demanded one year in prison for Valencya for committing a criminal act of psychological violence in the household.

The lawsuit against the defendant received attention from a number of circles until the case was finally taken over by the Attorney General's Office.

Attorney General Sanitiar Burhanuddin ordered the Deputy Attorney General for General Crimes Fadil Zumhana to conduct a special examination related to the handling of the domestic violence case of defendant Valencya alias Nengsy Lim at the Karawang District Attorney.

"The Deputy Attorney General for General Crimes moved quickly as a form of the quick wins program by issuing an Order for the Deputy Attorney General for General Crimes to conduct a special examination of the handling of the case on behalf of the defendant Valencya Alias Nengsy Lim," said Head of the Attorney General's Office for Legal Information, Leonard Eben. Ezer Simanjuntak, Monday, November 15.

The implementation of a special examination of the handling of the domestic violence case with the defendant Valencya who was sentenced to 1 year for scolding her drunken husband, Leonard continued, was carried out by interviewing nine people, both from the West Java High Prosecutor's Office, the Karawang District Attorney, and the public prosecutor (P- 16 A), Monday.

From the examination, a number of findings were obtained. First, from the pre-prosecution stage to the prosecution stage, the Karawang District Attorney or the West Java High Prosecutor's Office were considered to have no sense of crisis, namely sensitivity in handling cases.

Second, they do not understand Guideline Number 3 of 2019 concerning Criminal Claims in General Crime Cases.

"In the provisions of Chapter II in Numbers 1 point 6 and point 7, the control of criminal charges in general criminal cases with the principle of equality handled at the Attorney General's Office or the High Prosecutor's Office is carried out by the head of the district attorney's office or the head of the branch of the district attorney's office as referred to in point (1) with continue to pay attention to the provisions in points (2), (3), and (4)," said Leonard Eben Ezer Simanjuntak.

Third, the public prosecutor at the Karawang District Prosecutor's Office has postponed the reading of criminal charges four times on the grounds that the planned charges have not been submitted to the West Java High Prosecutor's Office.

However, the fact is that a new lawsuit was submitted from the Head of the Karawang District Attorney (Kajari) to the West Java High Prosecutor's Office on Wednesday, October 28, received at the West Java High Prosecutor's Office on Thursday, October 29 and was approved based on the criminal charges from the West Java High Prosecutor with phone note, Wednesday, November 3rd.

However, the reading of the criminal charges by the public prosecutor was only carried out on Thursday, November 11.

"Fourth, not following Guidelines Number 1 of 2021 concerning Access to Justice for Women and Children in Criminal Cases," said Leonard.