Considerations Of Judges Who Didn't Give Castration Sentence To Herry Wirawan

JAKARTA - The accused of raping 13 female students, Herry Wirawan, was sentenced to life in prison. However, the judge did not pass the prosecutor's demand, which also asked Herry Wirawan to be castrated.

The Panel of Judges at the Bandung District Court (PN) is of the opinion that chemical castration is not possible to be imposed on Herry Wirawan. Because Herry was knocked out by the hammer and got a life sentence.

According to the law, chemical castration is carried out after the convict has served the main sentence.

"If the defendant is sentenced to death or sentenced to life imprisonment, chemical castration is not possible," said Chief Justice Yohanes Purnomo at the Bandung District Court, Bandung City, West Java, Tuesday, February 15, quoted from Antara.

This additional punishment is not possible based on Article 67 of the Criminal Code. There it is stated that if the convict does not allow other crimes to be carried out if he has already been sentenced to death or sentenced to life imprisonment.

Herry was found guilty of raping 13 female students based on the facts of the trial. From the statements of the students who were victims, according to the judge, Herry did not object to the statements of the victims.

So the panel of judges decided Herry to be sentenced to life in prison to account for his actions. The judge considered that there was nothing that eased Herry Wirawan's sentence.

"The trial, sentenced the defendant (Herry Wirawan) to life imprisonment," said the judge.

Herry's actions were found guilty in accordance with Article 81 paragraph 1, paragraph 3 and paragraph 5 in conjunction with Article 76D UURI Number 17 of 2016 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 65 paragraph (1) of the Criminal Code as the first indictment.