2 Police Who Persecuted Tempo Journalist In Surabaya Sentenced To 10 Months In Prison, Must Pay Restitution
SURABAYA - The panel of judges found two police officers who persecuted Tempo journalist in Surabaya, Nurhadi, namely Bripka Purwanto and Brigadier Muhammad Firman Subkhi, guilty. In his decision, the judge ruled that the two defendants were in prison for 10 months and were not detained.
"The trial states that the defendants Firman and Purwanto are proven legally and convincingly to commit a crime against the press together as the first indictment," said Muhammad Basir, reading the verdict at the Surabaya District Court, Wednesday, January 12.
Basir was sentenced to 10 months in prison, because he considered the two defendants to be polite during the trial and were not detained. However, Basir said that the two defendants were found guilty of violating press crimes as stipulated in Article 18 paragraph (1) of Law no. 40 of 1999 concerning the Press in conjunction with Article 55 paragraph (1) of the Criminal Code.
Not only that, the defendants Purwanto and Firman were also sentenced to pay restitution to the victim, Nurhadi, key witness F.
"They are sentenced to 10 months in prison each, sentenced the defendant to pay IDR 13.813.000 in restitution to witness Nurhadi and IDR 21.850.000 to witness F," he said.
Basir said the aggravating consideration for the defendants was that they did not admit their actions. While the mitigating considerations are that the two defendants are considered polite and have never been punished.
"The aggravating considerations are that the defendant does not admit his actions. The mitigating considerations are that the defendant's brother was polite during the trial and has never been punished," he said.
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Although found guilty, the judge did not order the detention of the defendants Firman and Purwanto. Not only that, this decision is known to be lighter than the demands of the public prosecutor with imprisonment of 1 year and 6 months each for the two defendants.
In his prosecution, the public prosecutor considered that the defendant had violated Article 4 paragraph (2) regarding censorship, prohibition, and ban on broadcasting, and paragraph (3) concerning obstructions to the dissemination of ideas as regulated in Article 18 paragraph (1) of the Press Law.
The defendants Purwanto and Firman were also required to provide restitution to victim Nurhadi amounting to IDR 13.813.000, and a claim for restitution on behalf of witness F amounting to IDR 42.650.000. If the defendant is unable to pay the restitution, it will be replaced with imprisonment for 6 months each.
Hearing the judge's decision, Firman and Purwanto were then seen asking their legal team. They then expressed their thoughts. "Think about it, Your Honor," said Firman and Purwanto.
While the public prosecutor, Winarko, admitted the same thing, they expressed their thoughts about the judge's decision. "Think about it," said Prosecutor Winarko.