Komnas PA Concerned Mediation Stops Legal Process For Defendant Of Child Abuse In Banten

Atmosphere at the Serang District Court, Banten, Friday (17/1/2025). (ANTARA/Desi Purnama Sari)

JAKARTA - The National Commission for Child Protection highlighted the acquittal handed down by the panel of judges against the accused of abuse of a biological child with the initials S (45) from Waringinkurung District, Serang Regency, Banten.

"We express our deep concern about the acquittal issued by the panel of judges at the Serang District Court," said the head of the National Commission for Child Protection of Serang Regency, Qurrota Agung, in Serang, Friday, January 17, which was confiscated by Antara.

According to him, the acquittal was not in accordance with the principle of child protection mandated in the Child Protection Act and the verdict did not reflect a sense of justice in society.

"We highlight several important things that are the basis of our concern. First, the peace between the victim and the perpetrator, the revocation of the examination report (BAP), and the narrative of jealousy towards the stepmother," he said.

Ayun explained that cases of sexual violence cannot be resolved outside the court. The mediation process should not be used to stop the legal process, mitigating, or removing criminal responsibility.

"This decision injures the legal protection efforts for victims and creates a bad precedent in handling similar cases," he said.

He added that sexual violence against children is not a complaint offense, but an ordinary offense so that the revocation of the BAP does not cancel the obligation of law enforcement officers to resolve cases.

"The National Commission for Child Protection emphasized that children's right to justice should not be ignored, and the revocation of the BAP should not be an excuse to weaken the victim's position in the legal process," he said.

His party also encouraged the Serang Kejari to immediately file an appeal to the Supreme Court for justice for victims.

"We encourage cassation of this acquittal," he said.

Previously, the Serang District Court, Banten, gave acquittal to S, a resident of Waringinkurung District, Serang Regency, a defendant in the case of sexual abuse of his biological child when the incident was 17 years old.

"Therefore release the defendant from all charges of the public prosecutor and order the defendant to be expelled immediately after this decision is pronounced," said Chief Justice Hery Cahyono.

The defendant was declared not guilty of a criminal act as indicted by the public prosecutor (JPU) of the Serang Kejari, namely Article 81 paragraphs 3 and 81 paragraph 1 of Law Number 17 concerning Child Protection.

In considering the panel of judges, it was stated that there had been a peace agreement between the defendant and the victim's child in writing on May 9, 2024.

The peace letter was also submitted to the Serang Police Chief and copies to the Serang Regency Social Service and Integrated Service Center for the Empowerment of Women and Children (P2TP2A), and the Indonesian Child Protection Commission (KPAI).