Will Herry Wirawan The Pedophile Rapist Be Castrated? All Depends On The Courage Of The Prosecutor

JAKARTA - The demand for additional punishment in the form of castration against Herry Wirawan, the Islamic boarding school teacher who raped 12 of his students, has surfaced in the public sphere.

However, this additional sentence can be imposed as long as there is courage from the public prosecutor (JPU). Therefore, the judge will not give a sentence against the defendant beyond the demands submitted.

"Yes (the castration sentence must be included in the demand, ed). The judge cannot (sent additional punishment, ed) because he is bound to the indictment. It can't be more because if it exceeds it can be null and void," said a criminal law expert from Trisakti University, Abdul Fickar to VOI, Saturday, December 11.

Fickar then explained that additional punishments such as the revocation of status as a state civil servant (ASN) or other law enforcement officers or castration for rapists could indeed be given. Of course, in addition to the main sentence of imprisonment according to Article 10 of the Criminal Code.

"So if the court has imposed an additional sentence in the form of castration, the prosecutor must carry it out. Technically, of course, they can cooperate with the health authorities or doctors," he said.

Meanwhile, the West Java High Prosecutor's Office admitted that it would study the additional punishment in the form of castration for Herry Wirawan. This will be studied first considering that there are quite a lot of victims of the depraved actions of the pesantren teacher.

"We will see later, we will study it, and we will investigate further to the person concerned because there are quite a lot of victims," said West Java Attorney General Asep Mulyana, Friday, December 10.

Previously, Commissioner of the Indonesian Child Protection Commission (KPAI) Retno Listyarti said the perpetrators of raping 12 female students in Bandung, West Java, could be sentenced to up to 20 years in prison plus castration. He urged the judge to give the maximum sentence.

"If there are a lot of victims, if it's done many times, actually it could be given an additional punishment, namely castration," said Retno.

The perpetrator who is the victim's teacher at the Islamic boarding school where the victim is deposited is considered the closest person to the victim so that the punishment for the perpetrator can be increased by a third of the maximum total of 15 years in prison. Thus, the perpetrator could be sentenced to at least 20 years in prison.

In addition, the perpetrator can be sentenced to additional punishment in the form of castration because sexual violence may be carried out repeatedly until 9 victims are found to be pregnant.

"With the consideration that the future of these children has been damaged and sexual violence has been carried out repeatedly against several people, so the perpetrators deserve to be given additional punishment in the form of castration," said Retno.