JAKARTA - The controversy over compensation for the CPNS fraud case worth Rp8.1 billion Olivia Nathania alias Oi has now spread to a legal debate between the victim's lawyer and Nia Daniaty's lawyer regarding the limits of parental responsibility for the child's actions.
"Sir, sorry sir, I'm a Muslim. I know the law of sharia. So if Ms. Nia says, 'Oh I don't have any obligation, it's my responsibility', I say there is!" said the victim's lawyer, Odie Hudiyanto at the South Jakarta District Court, Wednesday, April 1.
"So don't say that it's my child, it's not me. It's still your child too, right. When you want to let go of responsibility, right," said Odie.
The statement immediately received a strong rebuttal from Nia Daniaty's legal representative, Nyoman Rae, who asked the plaintiffs to distinguish between religious law and state law that applies in public courts.
"Yes, I suggest that the lawyer read it again. We are not talking in the context and dimension of Islamic sharia law," said Nyoman Rae in response to the victim's argument.
"The matter that is in the South Jakarta Court is positive law. And there is nothing to do with Islamic law. Well, except for the matter in Aceh, it can be," Nyoman teased.
"If it is associated that the responsibility of the mother towards the child is only that she raises her child. When married, the responsibility of the parents is over," he said again.
Even though he was legally reprimanded, the victim insisted that the withdrawal of Nia Daniaty's name through the installation of a poster was the final step to return the victim's money.
"Moreover, we were asked not to put up posters, put up writing that carries the name of Ibu Nia Daniaty. We said, that's our way so that our money can come back," said Odie.
"Not to tarnish Bu Nia's name, no! We just want the money to be returned to the victim," concluded Odie.
Furthermore, regarding the threat of the victim of the fake CPNS fraud who planned to execute assets and spread Nia Daniaty's poster in public spaces, it has now led to a long-term threat of criminal reporting.
"But if we can only pay seven million (installments per month from Olivia), yes, if seven million, I will use that execution method," threatened Odie Hudiyanto.
Responding to the demands and unilateral action, Nia Daniaty's lawyer, Nyoman Rae, stated that his party would not remain silent over the intimidation that dragged his client who was not legally involved.
"Then three days ago I sent, sent a summons to my lawyer, the senior lawyer of Odi regarding the dissemination through banners or posters in public spaces," said Nyoman Rae.
"I will send the summons back if they still use posters or pictures that call on Ibu Nia Daniaty to take responsibility for this matter," said Nyoman.
"Well, if it is still carried out, then I will send a second summons and it is not impossible that I will report it criminally," he threatened in return.
Regarding the discourse on the seizure of assets that continues to be voiced by the victim, Nyoman guarantees that legally, the assets belonging to Nia Daniaty cannot be touched by the court at all.
"It's impossible. I've read books from Sabang to Merauke that it's impossible to seize the assets of people who are not related to the case," said Nyoman, underestimating the threat of seizure.
"So it's strange when a lawsuit against the law is made and then confiscates assets. Don't confiscate the assets of people who are not in litigation, who have no obligation in the decision," he explained in detail.
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