The Public Needs An Explanation Regarding The Remission Obral Received By Jessica Kumala Wongso

Terpidana kasus pembunuhan berencana "kopi cyanide" Jessica Kumala Wongso keluar dari Lapas Perempuan Pondok Bambu, Jakarta, Minggu (18/8/2024). (VOI/Muhamad Jehan)

JAKARTA - The convict in the murder case of Wayan Mirna Salihin, Jessica Kumala Wongso, was declared conditional free from Pondok Bambu Prison, East Jakarta. However, Jessica's parole was questioned by many people.

This conditional release decision was announced by the Directorate General of Corrections (Ditjen PAS) of the Indonesian Ministry of Law and Human Rights (Kemenkumham) Deddy Eduar Eka Saputra. Jessica is conditional free starting Sunday, August 18, 2024.

"Inmates on behalf of Jessica Kumala Wongso get PB (conditional release)," said Deddy Eduar Eka Saputra.

The name Jessica Kumala Wongso was first known to the public when she was named the main suspect in the premeditated murder of Wayan Mirna Salihin at a cafe in Grand Indonesia, Central Jakarta.

At that time, Mirna's death case became a concern throughout the country. Jessica was found guilty and sentenced to 20 years in prison. This woman who was born in 1988 began detention on June 30, 2016.

However, before the end of her sentence, Jessica finally received parole as of August 10, 2024 or after serving a sentence of around 8 years and 1 month. Jessica is known to have received remission for 58 months and 30 days or about 4.9 years.

Now, Jessica's parole and remission are in the spotlight. The public demands the openness of the authorities regarding the reasons for granting remissions to Jessica, which is considered quite high.

Criminal law observer Masykur Isnan assesses that Jessica Kumala Wongso's parole is in line with the applicable law. Conditional release is also a form of rights received by prisoners.

Masykur Isnan referred to the Regulation of the Minister of Law and Human Rights Number 7 of 2022. In the regulation, one of the two conditions for the convict to be allowed to apply for parole is, first, that he has served at least 2/3 of the criminal period, provided that the 2/3 criminal period is not less than nine months. And second, good behavior during the criminal period of at least nine months was calculated before the 2/3 date of the criminal period.

"Meskipun demikian tetap ada syarat lanjutan yakni yang bersangkutan wajib laporan ke Balai Pemasyarakatan Kelas I Jakarta Timur-Utara dan akan menjalani pengawalan hingga 27 Maret 2032, dalam hal dilanggar maka pembebasan kondisi ini dapat dipertimbangkan kembali untuk dicabut," kata Masykur Isnan kepada VOI.

Referring to the Permenkum HAM, objectively and normatively Jessica has met the requirements for parole. However, looking at the scale of cases Jessica faced and the sentence handed down to reach 20 years, 58 months and 30 days remission is a question.

The Ministry of Law and Human Rights stated that while serving a prison sentence, Jessica behaved well so that she deserved remission. According to many, this good behavior referred to by the Ministry of Law and Human Rights does not have a definite measure, such as what actions are included in the measure of "good behavior". In fact, this explanation is important because it is a reference for other inmates.

"The total remission of 58 months and 30 days which is considered quite high, the basis for granting remissions has become questionable, not to mention the scale of cases that have attracted public attention and the criminal penalties are also not small, this may need to be studied and studied more deeply," he said.

For this reason, Masykur Isnan considers the Directorate General of PAS to have an explanation to the public, what things make Jessica get parole and remissions that are considered quite high.

"Publics are entitled to transparency and accountability in granting remissions and fulfillment of other conditions, including good behavior and implementing coaching programs," he said.

"This must be proven to the public so that it is not multi-interpretative and subjective. Keep in mind, this legal policy certainly opens up space for other prisoners for the same rights in the future, do not change the treatment, justice for all," said the owner of the Masykur Isnan & Partners Law Firm.

According to Masykur Isnan, this question has become commonplace and must be answered immediately by the authorities, not to injure the public's sense of justice.

The same thing was conveyed by forensic psychologist Reza Indragiri Amriel, who demanded an explanation of Jessica's 58 months and 30 days of corting. Even though she was relieved by Jessica's parole, Reza still questioned the mural of the remission received. Mathematically, according to Reza every year Jessica receives about 7 months more deductions from her prison term. "The question is, is it extraordinary whether the behavior of prisoners in prison can get such a big remission? Being in an environment with all the restrictions in such a way, prisoners need to be independent of what privilege is it so that they are considered worthy of leaving prison?" said Reza.

Another thing that has caught the public's attention is the statement that Jessica will submit a review or PK. As is known, after receiving his conditional release, Jessica Kumala Wongso through her lawyer, Otto Hasibuan, emphasized that his party would submit a PK request to the Supreme Court (MA) regarding the case that ensnared his client.

According to Otto, Jessica's decision was not in accordance with the facts they believed in. He also said that his party had a new novum or evidence that could change the judge's assessment.

"Yes, frankly, we have a new novum (new evidence) for this case, it's different from what we used to be, we actually found the novum," said Otto.

Masykur Isnan said that the PK efforts that Jessica Kumala Wongso would propose were 'attractive' and could be considered somewhat contradictory. With the PK submission, official prizes and parole are useless.

"Even though this (PK) is the right in question, it can be considered a bit contradictory. Conditional release has been accepted but against the decision with permanent legal force it is again sued, so it is a bit useless for remission and conditional release prizes," he said.