Experts Talk About Two Options For Reporting Cases Of Father Rape Of 3 Children In Luwu Timur, South Sulawesi

MAKASSAR - Criminal and Criminology expert at the Faculty of Law, Indonesian Muslim University (UMI) Makassar, South Sulawesi Prof. Hambali Talib stated that there are two options for handling the alleged case of a father raping three children in East Luwu, so that it can proceed according to applicable legal procedures.

"What is the follow-up action when it is stopped, there are two options. First, the parties who feel aggrieved, the complainant or his family or a third party, he can file a pretrial," said Prof Hambali in Makassar, quoted by Antara, Monday, October 11.

He explained that the pretrial option regulated by the Criminal Code provides space for the aggrieved party to stop the investigation. To test the validity of the decision on the Termination of Investigation Order (SP3) through the district court or local district court.

Meanwhile, the emergency door or the second option, he said again, if the injured party feels that the process is unfair, or there are deficiencies that need to be tested, it is also possible to open the termination of the investigation at some point.

The aggrieved party submits new evidence that can be tested, and later the investigators take the initiative to conduct a case title.

"The title of this case determines whether or not it is appropriate to open the termination of the investigation to continue or not," said the Professor of UMI Makassar.

Regarding the argument of the Makassar Legal Aid Institute (LBH), as a legal assistant, judging by the SP3's suspicion of maladministration, he said, it could be tested.

"If LBH feels that the application of SP3 is premature, there are irregularities, new evidence emerges, it is submitted to the investigation, then it can open a new case title. This case title is a special case title," said Prof. Hambali.

Holding a special case, he said, in accordance with the National Police Chief Regulation (Perkap) Number 6 of 2019 regarding the investigation process, if it is considered that it needs to be evaluated, a special case can be held. Usually a team from the regional police (polda) takes over the case.

"Usually it is the regional police who take over. Because it is not stated that the case is wrong or right, but also wants to be tested. New evidence is submitted by the party representing the interests of the victim," he said.

Prof. Hambali considered, ideally when the case is terminated in 2019, and there are parties who feel aggrieved, at that time submit a pretrial. But in the law he understands, there is no time limit for filing a pretrial.

So, he said, there were two options, to submit a pretrial on the grounds of new evidence, or submit the new evidence through a case title that was reopened to test the SP3.

Prof. Hambali emphasized that the Criminal Code Law Number 8 of 1981 clearly regulates the termination of the investigation. That is an inherent authority for investigators and public prosecutors at the prosecutor's office, if it is in the prosecution process.

One of the reasons for stopping the investigators was not finding sufficient evidence to continue. In the regulations, it is stated that at least two pieces of evidence are used to establish a person as a suspect, followed by the case in accordance with Article 184 of the Criminal Code.

"And if it is not fulfilled, then there is an inherent authority for investigators to stop the investigation. But keep in mind, at least there is a report to the public prosecutor, because the initial case is being investigated. The report is already with the public prosecutor. or there has been a report there (the prosecutor's office)," he stressed.

Previously, the reported initials SA was reported by his ex-wife SR on suspicion of assault or molestation and rape of his three children, initials AL, MR, and AL in 2019. Later, after the case was filed based on the results of the post-mortem of the victims, investigators argued that there was no sign of damage to their sexual organs, so SP3 was issued on December 10, 2019.

Until finally, the mothers of the victims sought justice in Makassar and asked for legal assistance from LBH Makassar and TP2TPA Makassar, because they felt neglected by the police and the East Luwu PPA Service. Likewise, when the second case was held at the South Sulawesi Regional Police in March 2020, the results were the same, even though the photo evidence of bruises and damage to the sexual organs of the victims submitted was not considered as evidence.

LBH's legal advisory team hopes that this case will be reopened, because it is important for the complainant to have legal certainty in this case. In addition, his party requires an official notification letter from the National Police regarding the reopening of this case after it resurfaced in October 2021.