Head Of LPSK Judge Sentence Value Charged Victim Restitution Herry Wirawan To Ministry Of PPPA Controversial
DENPASAR - The head of the Witness and Victim Protection Agency (LPSK) Hasto Atmojo Suroyo considered the verdict of the judge who charged the restitution of the rape victim Herry Wirawan to the PPPA Ministry as a controversial decision.
"This is also a legal problem. I think all law enforcement officers, all legal experts, should pay attention. This is a controversial decision, this is a new decision that has no legal basis," said Hasto in Denpasar, Bali, Friday, February 18.
LPSK highlighted the burden of restitution that was not imposed on Herry Wirawan as a defendant because Herry had already been sentenced to the maximum sentence. The judge also decided that restitution was charged to the state.
"Actually, if it is charged to the state, it is not restitution but compensation and if it is compensation, LPSK pays it," added Hasto.
"So this should be a concern for all of us. I respect the judge's decision to try to find a breakthrough. However, this is controversial if, for example, the PPA Ministry is not willing to do this, because there is no obligation to do so," he said.
Previously, the Minister of PPPA, Bintang Puspayoga, emphasized that the judge's decision on the determination of restitution had no legal basis. In this case, according to him, the PPPA Ministry cannot be the third party to bear the restitution.
Referring to Article 1 of Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, according to him what is meant by restitution is compensation given to victims or their families by perpetrators or third parties. So he considered that restitution was not borne by the state.
"The determination of restitution is still waiting for an inkracht decision and currently the PPPA Ministry will discuss it with the LPSK," said Bintang in his statement.