Peradi Talks About Viral Cases Of Wife Scolded Her Drunk Husband Sued For 1 Year In Prison Examined By AGO

Illustration/Antara

KARAWANG - The Indonesian Advocates Association (Peradi) in Karawang Regency, West Java, stated that the case of a wife scolding her husband for being drunk and demanding one year in prison should not have happened.

"That (the case) should not have happened if it was handled in a restorative justice manner and prioritized justice for women," said Peradi Karawang chairman Asep Agustian, quoted by Antara, Tuesday, November 16.

A wife in Karawang named Valencya (45) must now be a defendant in domestic violence (KDRT) case and be sentenced to one year in prison after scolding her husband. Even though Valencya was angry because every time she came home, her husband was drunk.

In that case, Asep Agustian hopes that the Karawang District Court can take a closer look and release Valencya.

He was also disappointed with the Karawang District Attorney's Office for not being able to implement restorative justice in handling the case.

Examination Leads to Prosecutors Investigation

Attorney General Sanitiar Burhanuddin ordered the Deputy Attorney General for General Crimes Fadil Zumhana to conduct a special examination related to the handling of the domestic violence case of defendant Valencya alias Nengsy Lim at the Karawang District Attorney.

"The Deputy Attorney General for General Crimes moved quickly as a form of quick wins program by issuing an Order for the Deputy Attorney General for General Crimes to conduct a special examination of the handling of cases on behalf of the defendant Valencya Alias Nengsy Lim," said Head of the Attorney General's Office for Legal Information, Leonard Eben Ezer Simanjuntak quoted by Antara, Monday, November 15.

The implementation of a special examination of the handling of the domestic violence case with the defendant Valencya who was sentenced to 1 year for scolding her drunk husband, Leonard continued, was carried out by interviewing nine people, both from the West Java High Prosecutor's Office, the Karawang District Attorney, and the public prosecutor (P- 16 A), Monday.

From the examination, a number of findings were obtained. First, from the pre-prosecution stage to the prosecution stage, the Karawang District Attorney or the West Java High Prosecutor's Office were considered to have no sense of crisis, namely sensitivity in handling cases.

Second, they do not understand Guideline Number 3 of 2019 concerning Criminal Claims in General Crime Cases.

"In the provisions of Chapter II in Numbers 1 point 6 and point 7, the control of criminal charges in general criminal cases with the principle of equality handled at the Attorney General's Office or the High Prosecutor's Office is carried out by the head of the district attorney's office or the head of the branch of the district attorney's office as referred to in point (1) with continue to pay attention to the provisions in points (2), (3), and (4)," said Leonard Eben Ezer Simanjuntak.

Third, the public prosecutor at the Karawang District Prosecutor's Office has postponed the reading of criminal charges four times on the grounds that the planned charges have not been submitted to the West Java High Prosecutor's Office.

However, the fact is that a new lawsuit was submitted from the Head of the Karawang District Attorney (Kajari) to the West Java High Prosecutor's Office on Wednesday, October 28, received at the West Java High Prosecutor's Office on Thursday, October 29 and was approved based on the criminal charges from the West Java High Prosecutor with phone note, Wednesday, November 3rd.

However, the reading of the criminal charges by the public prosecutor was only carried out on Thursday, November 11.

"Fourth, not following Guidelines Number 1 of 2021 concerning Access to Justice for Women and Children in Criminal Cases," said Leonard.

In addition, neither the Karawang District Prosecutor's Office nor the West Java High Prosecutor's Office adhere to the "Seven Daily Orders of the Attorney General" as a norm or rule in carrying out the task of handling the case.

"This can be interpreted as not carrying out the leadership's orders," Leonard said.

From the overall findings, he continued, it was concluded that the handling of the case for defendant Valencya would be directly controlled by the Deputy Attorney General for General Crimes.

The prosecutors who handle the case will also go through a functional examination by the Deputy Attorney General for Supervision. Furthermore, the assistant for general crimes at the West Java High Prosecutor's Office will be temporarily withdrawn to the Attorney General's Office to facilitate functional examinations.