Prosecutors Have Dare To Make Death And Castration Sentence For The Rapists Of Female Students, Just Awaiting Judge's Decision

Photo by Tingey Injury Law Firm on Unsplash

JAKARTA - The public prosecutor's team from the West Java High Prosecutor's Office (Kejati) answered the public's desire that the defendant in the rape case against 13 female students, Herry Wirawan, be sentenced to the maximum. Through West Java's High Prosecutor's Office, Asep N Mulyana who directly led the team of prosecutors, Herry was sentenced to the death penalty and an additional sentence of castration.

What Herry has done is beyond human sense. He raped 13 female students at the Islamic Boarding School (Pesantren) he led. Unfortunately, there are female students who get pregnant.

"We first charge the defendant with the death penalty. As evidence, as our commitment to provide a deterrent effect to the perpetrators," Asep said at the Bandung District Court, Bandung City, West Java, Tuesday, January 11.

Not only that. Prior to the trial, many parties were busy asking that Herry could also be castrated. Again, the West Java Attorney General's Office answered that.

The prosecutor also gave a number of additional demands for other sentences against the defendants who carried out this dishonorable act. Herry was demanded by the prosecutor to pay a fine of Rp500 million, and also to pay restitution to the victims of Rp331 million.

"We also ask the judge to impose additional penalties in the form of identity announcements, distribution of the identities of the accused, and additional prosecution in the form of chemical castration," said Asep.

According to him, the consideration of the death penalty was given because Herry's crime was committed against his foster children when he had the position or power as the owner of the Islamic boarding school.

"The defendant's actions not only affect the physical honor but also affect the psychology and emotions of the students as a whole," he said.

Now the ball is in the hands of the judge. Prosecutors have already issued a sentence request to Herry. Moreover, the judge is indeed not allowed to give a sentence against the defendant in excess of the demands submitted.

"Yes (the castration sentence must be included in the demand, ed). The judge cannot (sent additional punishment, ed) because he is bound to the indictment. It can't be more because if it exceeds it can be null and void," said a criminal law expert from Trisakti University, Abdul Fickar to VOI, some time ago.

Fickar then explained that additional punishments such as the revocation of status as a state civil servant (ASN) or other law enforcement officers or castration for rapists could indeed be given. Of course, in addition to the main sentence of imprisonment according to Article 10 of the Criminal Code.

"So if the court has imposed an additional sentence in the form of castration, the prosecutor must carry it out. Technically, of course, they can cooperate with the health authorities or doctors," he said.