Judges Decide That Herry Wirawan's Victim Restitution Fee To Be Charged To The PPPA Ministry Not The Defendant

BANDUNG - The Bandung District Court (PN) has decided that the cost of restitution or compensation for the rape victims of Herry Wirawan is borne by the Ministry of Women's Empowerment and Child Protection (KPPPA).

The panel of judges is of the opinion that Herry Wirawan cannot be sentenced to pay restitution because he was sentenced to life imprisonment. Based on Article 67 of the Criminal Code, a death sentence or a life sentence cannot be imposed with another sentence.

"So the total restitution for the 12 child victims is Rp.331,527,186," said Chief Justice Yohanes Purnomo at the Bandung District Court, West Java, as reported by Antara, Tuesday, February 15.

The panel of judges said the law had not stipulated to whom the restitution would be charged if the perpetrator was unable to pay the restitution.

The judge stated that the Rp331 million restitution was the duty of the state. In this case, the judge said that KPPPA has a duty to protect the child victims.

"Rp331 million is charged to KPPPA, if the budget is not available, it will be budgeted for the following year," said the judge.

Previously, the public prosecutor, in one of the points, demanded Herry to pay restitution of Rp331 million. The compensation figure is a calculation of the families of the victims and the Witness and Victim Protection Agency.

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.

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

"To try, to impose a sentence on the defendant (Herry Wirawan), with 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.